Granville City Zoning Code

TITLE SEVEN

Supplemental Zoning Requirements

1179.01 GENERAL REQUIREMENTS.

Any owner, lessee or other person, firm or corporation having an interest in mineral lands may file with the Planning Commission an application for authorization to mine minerals therefrom, provided, however, that he shall obtain zoning in the Planned Industrial District and comply with all requirements of the District, including the following additional requirements.

1179.02 DISTANCE FROM PROPERTY LINES.

No quarrying operation shall be carried on or any stockpiles placed closer than fifty feet to any property line, unless a greater distance is specified by the Commission where such is deemed necessary for the protection of adjacent property; it is specifically provided that this distance requirement may be reduced to twenty-five feet by written consent of the owner or owners of the abutting property.

1179.03 DISTANCE FROM PUBLIC RIGHT-OF-WAY.

In the event that the site of the mining or quarrying operation is adjacent to the right-of-way of any public street or road, no part of such operation shall take place closer than twenty-five feet to the nearest line of such right-of-way.

1179.04 FENCING.

Fencing shall be erected and maintained around the entire site or portions thereof where in the opinion of the Planning Commission such fencing is necessary for the protection of the public safety, and shall be of a type specified by the Commission.

1179.05 EQUIPMENT.

All equipment and machinery shall be operated and maintained in such manner as to minimize dust, noise and vibration. Access roads shall be maintained in dust-free condition by surfacing or other treatment as may be specified by the Village Manager.

1179.06 PROCESSING.

The crushing, washing and refining or other similar processing may be authorized by the Planning Commission as an accessory use, provided, however, that such accessory processing shall not be in conflict with surrounding uses.

1179.07 APPLICANT'S FINANCIAL ABILITY.

In accepting such plan for review, the Planning Commission must be satisfied that the proponents are financially able to carry out the proposed mining operation in accordance with the plans and specifications submitted.

1179.08 APPLICATION CONTENTS; PROCEDURE.

An application for such operation shall set forth the following information:

(a) Name of the owner or owners of land from which removal is to be made.

(b) Name of the applicant making request for such permit.

(d) Location, description and size of the area from which the removal is to be made.

(e) Location of processing plant used.

(f) Type of resources or materials to be removed.

(g) Proposed method of removal and whether or not blasting or other use of explosives will be required.

(h) Description of equipment to be used.

(i) Method, timing and site plan for rehabilitation and reclamation of the mined area.

1179.09 PUBLIC HEARING.

Upon receipt of such application, the Planning Commission shall set the matter for a public hearing in accordance with the rules and regulations of the Commission.

1179.10 REHABILITATION.

To guarantee the restoration, rehabilitation, and reclamation of mined-out areas, every applicant granted a mining permit as herein provided shall furnish a performance bond to the Village, in an amount to be determined by the Village Engineer as appropriate to the projected cost of replacement, but not less than ten thousand dollars ($10,000) as a guarantee that such applicant, in restoring, reclaiming and rehabilitating such land, shall within a reasonable time and to the satisfaction of the Planning Commission meet the following minimum requirements.

(a) Surface Rehabilitation. All excavation shall be made either to a water-producing depth, such depth to be not less than five feet below the low water mark, or shall be graded or backfilled with non-noxious, noninflammable and noncombustible solids, to secure:

(1) That the excavated area shall not collect and permit to remain therein stagnant water, or

(2) That the surface of such area which is not permanently submerged is graded or backfilled as necessary so as to reduce the peaks and depressions thereof, and to produce a gently running surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area.

(b) Vegetation. Vegetation shall be restored as per the approved site plan by the seeding of appropriate grasses or planting of shrubs or trees in all parts of mining area where such area is not to be submerged under water as hereinabove provided.

(c) Banks of Excavations Not Backfilled. The banks of all excavations not backfilled shall be sloped to the water line at a slope which shall not be less than three feet horizontal to one foot vertical and such bank shall be seeded.

1179.11 ADDITIONAL REQUIREMENTS.

In addition to the foregoing, the Planning Commission may impose such other conditions, requirements or limitations concerning the nature, extent of the use and operation of such mines, quarries or gravel pits as the Commission may deem necessary for the protection of adjacent properties and the public interest. Such conditions and the amount of the performance bond shall be determined by the Commission prior to issuance of the permit.

1181.01 PERMIT REQUIRED.

(a) A written application must be made to the Village Manager or his/her designee detailing the nature of the home occupation, the number of persons to be involved in such occupation, the expected length of time such home occupation shall be carried on, and any additional information as may be requested. Registration with the Granville Income Tax Department is mandatory with any home occupation.

(b) The Village Manager, or his/her designee, shall have the authority to issue a permit to carry on a home occupation after determining that the applicant satisfies the provisions of this chapter. (Ord. 10-00. Passed 7-19-00.)

1181.02 REGULATIONS AND STANDARDS.

(a) Operator. No person other than members of the family residing on the premises shall be engaged in such occupation.

(b) Use. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

(c) Signs. There shall be no external indication of such home occupation other than one sign, controlled by the sign regulations in this Zoning Ordinance.

(d) No home occupation shall be conducted in any accessory building.

(e) Outdoor storage of equipment, material, or stock or other items is not permitted. On- premise storage of explosives or highly flammable or extremely hazardous materials as defined by the U.S. Environmental Protection Agency is not permitted.

(f) Sale of Goods. Goods sold on premises shall be limited so as not to create an undue burden on public facilities or create a negative effect on the neighbors.

(g) No traffic shall be generated by such home occupation in greater volume that would normally be expected in a residential neighborhood during such time and day, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Zoning Ordinance, and shall not be located in a required front yard.

(h) No equipment or process shall be used in such home occupation, which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises.

(i) Number of Occupations. More than one home occupation may be conducted on the premises; however the combined business-related impact of all home occupations shall be considered when evaluating any application under this chapter.

(j) Without limiting any other requirements, delivery vehicles are only permitted by commercial services that customarily make residential deliveries.

(Ord. 10-00. Passed 7-19-00.)

1181.03 EXEMPTIONS.

Certain ancillary uses associated with an individual’s employment or profession which do not include routine or regular meetings with members of the public at the residence, such as, bookkeeping, record keeping, telephone contacts, various forms of computer utilization, and the like, are not considered as the business use of property and are exempt from these regulations.

(Ord. 10-00. Passed 7-19-00.)

1181.04 VIOLATION OF REGULATIONS.

If one or more of the conditions in Section 1181.02 are violated, the Village Manager shall have the power to revoke the permit to carry on the home occupation.

(Ord. 10-00. Passed 7-19-00.)

1181.05 APPEALS.

Any affected person may appeal the Village Manager’s decision to the Board of Zoning and Building Appeals. (Ord. 10-00. Passed 7-19-00.)

1182.01 PURPOSE.

This chapter regulates the operation of short-term rental properties in the Village of Granville. The provisions of this chapter are necessary to prevent unreasonable burdens on services and unreasonable impacts on residential neighborhoods posed by short-term rental operations. Special regulation of these uses is necessary to ensure that they will be compatible with surrounding uses and will not act to harm and alter the neighborhoods in which they are located. Maintenance of Granville's existing residential neighborhoods is essential to its continued vitality and economic strength. It is the intent of this chapter to benefit the general public by minimizing adverse impacts of short-term rental operations on the local housing supply at all income levels, and to minimize adverse impacts of the transient and semi-commercial character of short-term rental operations on adjacent residential uses.

(Ord. 01-2022. Passed 2-2-22.)

1182.02 DEFINITIONS.

The following words and phrases, when used in this article, shall have the meaning ascribed to them by this section:

(a) "Accessory Building" means a building not substantially attached to, on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure; this includes, but is not limited to detached garages, barns, workshops, sheds, or other outbuildings.

(b) "Accessory Dwelling Unit (ADU)" means a building not substantially attached to, but on the same lot with, a primary residence. An ADU must be serviced by public utilities that customarily sustain a residence; and provide for living, sleeping, cooking, and bathroom facilities. An ADU is an ancillary housing unit to the primary residence.

(c) "Booking Service" means any mechanism for a reservation and/or payment service provided by a hosting platform that facilitates a short-term rental transaction between a short-term rental host and a prospective short-term rental guest, and for which the hosting platform collects or receives, directly or indirectly through an agent or intermediary, a fee in connection with the reservation and/or payment services provided for the short-term rental transaction.

(d) "Calls for Service Ratio" means the number of calls for service divided by the number of sleeping rooms in service at the short-term rental.

(e) "Calls for Service" means any and all calls, including but not limited to those to law enforcement and/or the fire department, when those calls:

(1) Result in a representative being dispatched or directed to the short-tenn rental;

(2) Allege evidence of criminal activity;

(3) Result in an arrest, charge or citation; or

(4) Find an imminent threat to the health, safety or welfare of person(s) or property.

(f) "Director" means the director of the Village of Granville Planning Department, or his or her authorized designee.

(g) "Dwelling" means any building, structure, or unit, on the same tax parcel, or sharing the same mailing address, which is occupied or intended for occupancy in whole or in part as a home, residence or sleeping place for one (1) or more persons.

(h) "Employee" means any person who earns qualifying wages, commissions or other type of compensation from the owner or operator of a short-term rental property in connection with its operation or maintenance.

(i) "Guestroom" means a room offered to the public for a fee that contains, at a minimum, provisions for sleeping and access to a full bath.

(j) "Hosting Platform" means a person or entity that participates in the short-term rental business by providing and collecting or receiving a fee for booking services through which a short-term rental host may offer a short-term rental to a short-term rental guest. Hosting platforms usually, though not necessarily, provide booking services through an online platform that allows a short-term rental host to advertise the short-term rental through a website provided by the hosting platform and the hosting platform conducts a transaction by which potential short-term rental guest reserves a guestroom(s) and arranges or makes payment, whether the short-term rental guest pays rent directly to the short-term rental host or to the hosting platform.

(k) "Interception device" as used in this chapter refers to the definition found in Chapter 2933.51(D) of the Ohio Revised Code.

(l) "Manager" means the general manager, shift manager, or any person in any supervisory position regarding the operation of a short-term rental property.

(m) "Operator" means any natural person who operates a short-term rental in a capacity to facilitate the offering of guestrooms to guests.

(n) "Owner" means a corporation, firm, partnership, association, organization and any other group acting as a unit, or a person who has legal title to any structure or premises with or without accompanying actual possession thereof, and shall include the duly authorized agent or attorney, a purchaser, devisee, fiduciary and any person having a vested or contingent interest in the premises.

(o) "Permanent Occupant" means a person who resides in a dwelling more than fifty-one percent (51%) of the time during a calendar year, and the dwelling in which a person so resides shall be referred to as their primary residence.

(p) "Primary Residence" means a dwelling which is the usual place of return for housing as documented by at least two (2) of the following: motor vehicle registration, driver's license, tax documents, lease copy or a utility bill. An owner or permanent occupant can only have one primary residence.

(q) "Property Manager" means the owner or owner's agent of a short-term rental in the Village Business District who offers the short-term rental for temporary lodging, for a fee, for less than thirty (30) consecutive days and manages its operation.

(r) "Short-Term Rental Guest" means a person renting temporary lodging from a short-term rental host, or through a hosting platform on behalf of the short-term rental host, for a fee, for less than thirty (30) consecutive days.

(s) "Short-Term Rental Host" means the owner, operator, or permanent occupant of a short-term rental who offers the short-term rental for temporary lodging, for a fee, for less than thirty (30) consecutive days and manages its operation.

(t) "Short-Term Rental Operation" means the occupancy of any room or dwelling of any short-term rental.

(u) "Short-Term Rental" means any dwelling or guestroom that is rented in whole or in part for less than thirty (30) consecutive days for temporary lodging of persons other than the permanent occupant or owner, from which the permanent occupant or owner receives monetary compensation. A traditional bed and breakfast, which is permitted and regulated as a Home Occupation under Chapter 1181 of the Planning and Zoning Code, is not a short-term rental for purposes of this chapter. A boarding house or lodging house, a rooming house, and a hotel, motel or apartment hotel, all of which are separately defined in Section 1135.01, are not short-term rentals for purposes of this chapter. Accessory dwelling units in use prior to January 1, 1978 are considered existing non-conforming uses and are not subject to the provisions of this chapter.

All terminology used in this chapter and not specifically defined above, shall retain its meaning in conformance with the latest volume of Webster's Collegiate Dictionary.

(Ord. 01-2022. Passed 2-2-22.)

1182.03 ZONING DISTRICTS; DENSITY; LIMITATIONS.

Short-term rental operations shall be permitted only in the following Zoning Districts, and with the density and use limitations set forth below.

No short-term rental operation shall be conducted in any accessory building.

(a) Village Business District.

(1) Short-term rental operation is a Conditional Use in the Village Business District, and subject to the provisions of Chapter 1145 of the Planning and Zoning Code in addition to the provisions of this chapter.

(2) A short-term rental property in the Village Business District shall have a property manager whose primary residence is located in Licking County, Ohio or a contiguous county. The property manager shall ensure compliance with Section 1182.07.

(3) A short-term rental operation in the Village Business District shall not be configured so as to convert a conforming single-family or two-family dwelling into a nonconforming multi-family dwelling.

(4) Subject to the grandfathering/phase-in provisions of this chapter, the number of short-term rental properties in the Village Business District shall not exceed five percent (5%) of the total number of properties on which a residential use lawfully exists in the Village Business District.

(b) Village Residential District.

(1) Short-term rental operation is a Conditional Use in the Village Residential District, and subject to the provisions of Chapter 1145 of the Planning and Zoning Code in addition to the provisions of this chapter.

(2) A short-term rental property in the Village Residential District shall have a short-term rental host whose primary residence is located in the Village of Granville or Granville Township.

(3) A short-term rental operation in the Village Residential District shall not be configured so as to convert a conforming single-family dwelling into a non-conforming two-family or multi-family dwelling.

(4) Subject to the grandfathering/phase-in provisions of this chapter, the number of short-term rental properties in the Village Residential District shall not exceed five percent (5%) of the total number of residential properties in the Village Residential District.

(1) Short-term rental operation is a Conditional Use in the Suburban Residential District, and subject to the provisions of Chapter 1145 of the Planning and Zoning Code in addition to the provisions of this chapter.

(2) A short-term rental property in the Suburban Residential District shall have a short-term rental host whose primary residence is located in the Village of Granville or Granville Township.

(3) A short-term rental operation in the Suburban Residential District shall not be configured so as to convert a conforming single-family dwelling into a non-conforming two-family or multi-family dwelling.

(4) Subject to the grandfathering/phase-in provisions of this chapter, the number of short-term rental properties in the Suburban Residential District shall not exceed five percent (5%) of the total number of residential properties in the Suburban Residential District.

(d) Planned Development Districts.

(1) Short-term rental operation is a Conditional Use in the Planned Unit District and the Planned Commercial District, and subject to the provisions of Chapter 1145 of the Planning and Zoning Code in addition to the provisions of this chapter.

(2) A short-term rental property in the Planned Unit District shall have a short-term rental host whose primary residence is located in the Village of Granville or Granville Township.

(3) A short-term rental operation in the Planned Unit District shall not be configured so as to convert a conforming single-family dwelling into a non-conforming two-family or multi-family dwelling.

(4) Subject to the grandfathering/phase-in provisions of this chapter, the number of short-term rental properties in the Planned Unit District shall not exceed five percent (5%) of the total number of residential properties in the Planned Unit District, and the number of short-term rental properties in the Planned Commercial District shall not exceed five percent (5%) of the total number of residential properties in the Planned Commercial District.

(Ord. 01-2022. Passed 2-2-22.)

1182.04 PERMIT REQUIRED.

(a) No short-term rental host shall engage in, conduct, or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises in the Village of Granville, a short-term rental operation without obtaining a valid permit in accordance with this chapter. It shall be prima facie evidence of a short-term rental operation if a short-term rental is offered on a hosting platform, or if a short-term rental guest is found to be occupying or using a short-term rental.

(b) An application for a new permit may be submitted at any time to the Director. If the application is approved and a valid permit is issued, the permit shall take effect on the day of issuance, and shall expire two calendar years from the day of issuance. If a valid permit is issued in conjunction with and contingent upon an explicit and consensual term lease agreement, as contemplated in Section 1182.08, the permit shall take effect on the day of issuance and shall expire upon the last day of the applicant's leasehold term or at the end of two calendar years from the day of issuance, whichever occurs first.

(Ord. 01-2022. Passed 2-2-22.)

1182.05 OCCUPANCY.

In approving any permit application, the Director shall specify the maximum number of occupants allowed in each short-term rental. The maximum number of occupants in a short-term rental shall not exceed the lesser of:

(a) Three (3) persons per off-street parking space; or

(b) Two (2) persons, plus two (2) persons per sleeping room.

(Ord. 01-2022. Passed 2-2-22.)

1182.06 PARKING.

In the Village Residential District, Suburban Residential District and Planned Unit District, all off-street parking required for a short-term rental shall be located on the same lot (e.g., in the garage or driveway) as the short-term rental. In the Village Business District and Planned Commercial District, all off-street parking required for a short-term rental shall be located on the same lot ( e.g., in the garage, driveway or parking lot) as the short-term rental, or parking may be leased in accordance with Section 1183.04(e) of the Planning and Zoning Code.

(Ord. 01-2022. Passed 2-2-22.)

1182.07 LOCAL CONTACT PERSON/PROPERTY MANAGER.

(a) A designated property manager, who may be the owner of the short-term rental property or the owner's agent, shall maintain a primary residence in Licking County, Ohio or a contiguous county.

(b) The property rrlanager shall be available twenty-four (24) hours per day to ensure that the property is maintained and operated as required by this chapter and the Granville Codified Ordinances, including but not limited to:

(1) Ensuring that the number of occupants does not exceed the limitations of Section 1182.05.

(2) Responding to incidents of disorderly conduct, disturbing the peace, littering, vandalism or other occurrences that affect the health, safety and welfare of nearby residents.

(Ord. 01-2022. Passed 2-2-22.)

1182.08 APPLICATION FOR PERMIT.

(a) Application for a new short-term rental permit, and/or for renewal of a valid permit, shall be made to the Director, on approved forms. The Director shall establish associated permit fees and costs, with approval of the Village Manager.

(b) The application for a permit to operate a short-term rental shall contain the following information:

(1) Name of the applicant, including mailing address, telephone number, and email address. If the applicant is a corporation, firm, partnership, association, organization or other group acting as a unit, the applicant shall provide the name of the entity set forth exactly as shown on is articles of incorporation, mailing address, telephone number, and email address of an individual who is the statutory agent, president, or managing individual, the state in which the company is incorporated or registered, and the entity or corporation number;

For properties in the Village Residential District, the Suburban Residential District and the Planned Unit District, the short-term rental host shall provide sufficient information to demonstrate compliance with the primary residency requirement as outlined in Sections 1182.02 and 1182.03.

(2) Description of the short-term rental, including property address.

(3) The legal owner or owners of the property, including mailing address, telephone number, and email address. If the property owner is a corporation, firm, partnership, association, organization or other group acting as a unit, the applicant shall provide the name of the entity set forth exactly as shown on is articles of incorporation as well as the mailing address, telephone number, and email address of an individual who is the statutory agent, president, or a managing individual, the state in which the company is incorporated or registered, and the entity or corporation registration number.

(4) If an owner of the property has executed a land contract, lease agreement, management agreement, or any other agreement separating the owner from control over the property and/or the short-term rental, the applicant shall include a copy of said agreement along with the application. In order to receive a permit, such documentation must explicitly provide consent for short-term rental operations. The absence of such a clause, or the express prohibition of short-term rental operations, shall be grounds for a denial of a permit.

(5) The descriptions and addresses of any other short-term rentals located in Village of Granville that the applicant or property owner has any interest in, including, but not limited to, ownership, licensure, or management.

(6) Name of the short-term rental host, including mailing address, telephone number, and email address.

(7) The number of separately rentable units, and the number of sleeping rooms in each unit in service in the short-term rental property.

(8) The names of all hosting platforms on which the applicant has successfully been registered to list a short-term rental, documentation confirming hosting platform registration(s), and proof of general liability insurance for the short-term rental as required by Section 1182.09.

(9) Affirmation that the short-term rental host and short-term rental are in compliance with all applicable local, state, and federal laws and regulations.

(10) At the time of application or renewal, all of the following persons are required to provide the results of a fingerprint-based background check performed by a provider approved by the Ohio Bureau of Criminal Investigation: the applicant, the twenty-four (24)-hour emergency contact for the property as required by this chapter, and if applicable, the property manager. If the applicant is a domestic business organization other than a general partnership, then the applicant must provide a copy of the organization's articles of incorporation, articles of organization, statement of partnership authority, certificate of limited partnership, or statement of domestic qualification filed with the Ohio Secretary of State. If the applicant is a foreign business organization other than a foreign general partnership, then the applicant must provide a copy of the foreign business organization's license, registration, or qualification filed with the Ohio Secretary of State authorizing it to do business in Ohio. For all business organization applicants, an individual who is either the statutory agent, a partner, the president, or in the case of an LLC, a managing individual who is also a member, must submit to and provide the results of a BCI background check.

(c) The applicant must notify the Director of any change in information contained in the permit application within ten (10) days of the change.

(d) The Director shall serve written notice of any new or renewal application on all adjacent property owners of record not less than ten (10) business days prior to approving the application. In the event that a party with standing under applicable Ohio law objects to a new or renewal application in writing, the Director shall consider the merits of the application and the objection and either approve or deny the application in accordance with this Chapter. Any denial of an application shall state the reason(s) for the denial in writing. The Director shall serve written notice of the decision to approve or deny an application on the applicant and on any party who objected to the application in writing.

(e) Any change in ownership of the property, the dwelling or the business, change in operator, or change in identity of the short-term rental host shall void the current permit and shall require submission of a new application and the issuance of a new valid permit.

(f) If approved, a short-term rental shall be assigned an individual permit account number that the short-term rental host shall list with the short-term rental on any hosting platform. Only a valid permit shall be listed on a hosting platform. Upon a valid permit's expiration or revocation, a short-term rental host shall immediately remove the short-term rental from being listed on any hosting platform and shall not engage in any short-term rental operations. Those found to be operating with an expired or revoked permit are in violation of Section 1182.04 and are subject to the penalties as provided for in Section 1182.99.

(Ord. 01-2022. Passed 2-2-22.)

1182.09 SHORT-TERM RENTAL HOSTS AND HOSTING PLATFORMS: REQUIREMENTS.

(a) The short-term rental host shall provide to the Director one form of proof of identity and, as applicable, two (2) pieces of evidence that the dwelling is the host's primary residence or two (2) pieces of evidence the host is the owner of the dwelling.

(b) One short-term rental permit shall be required for each short-term rental dwelling.

(c) If a short-term rental host is not the property owner or owner's agent, but a permanent occupant of the dwelling, the host shall provide written permission from the property owner to register the dwelling on any hosting platform for use as a short-term rental.

(d) Short-term rental hosts shall provide written notice to the short-term rental guest(s) of any known, non-obvious, or concealed condition, whether man-made or artificial, which may present a danger to the short-term rental guest(s), together with a local twenty-four (24)-hour emergency contact for the property.

(e) Short-term rental hosts must comply with Section 2933.52 of the Ohio Revised Code. Such compliance shall also include known, non-obvious or concealed surveillance equipment, including, but not limited to, digital video cameras/recorders/monitors, streaming video security cameras, audio recorders/monitors, or any other electronic means of secretly watching, listening, or recording. In the event a short-term rental host utilizes an indoor and/or outdoor interception device(s), or any specific or similar aforementioned device, the short-term rental host shall notify the short-term rental guest. In the event the short-term rental guest does not consent to the short-term rental host utilizing an indoor interception device(s), or any specific or similar aforementioned device for the duration of the short-term rental period, the short-term rental host shall deactivate the indoor interception device(s) and shall not intercept, listen, monitor, record, or like thereof, any activity inside the dwelling.

(f) Short-term rental hosts shall comply with all applicable hotel/motel/short-term rental excise tax requirements.

(g) Rentals for thirty (30) or more consecutive days by the same guest(s) are not subject to short-term rental regulations or excise taxes.

(h) All short-term rental hosts shall obtain liability insurance for each short-term rental. Each short-term rental shall at all times maintain the following insurance coverage meeting all of the following requirements:

(1) A general liability insurance policy or certificate that shall provide the minimum coverage;

A. Not less than one hundred thousand dollars ($100,000) per individual and three hundred thousand dollars ($300,000) per occurrence. Such policy or certificate must be issued by an insurance company that is admitted to do business in the state of Ohio or by an eligible surplus lines company or risk retention group.

B. The policy or certificate shall provide notice of cancellation of insurance to the Director at least ten (10) days prior to cancellation.

C. Any cancellation of insurance required by this section shall result in an automatic revocation of the respective short-term rental permit.

(2) In the event that a hosting platform provides liability insurance to a host, such insurance would be deemed acceptable for submission provided the insurance meets the requirements of subsection (h)(1)A. above.

(i) No short-term rental host shall engage in a short-term rental operation located within the Village of Granville without listing the valid short-term rental permit number associated with the short-term rental on any medium used by the short-term rental host to advertise the short-term rental.

(j) No hosting platform shall provide, and collect a fee for, booking services in connection with any short-term rental operation located within the Village of Granville unless the short-term rental host has provided to the hosting platform a valid short-term rental permit number associated with the short-term rental being rented.

(k) Records Required.

(1) Short-term rental hosts who engage in short-term rentals and hosting platforms that engage in booking services shall maintain and provide records documenting the following information:

A. The short-term rental physical address;

B. The name of the person who registered the short-term rental on the hosting platform or who listed the short-term rental using any medium; and

C. The dates and duration of stay in a short-term rental, the number of persons who were scheduled to stay each night, and the daily rate charged for each short-term rental.

(2) Hosting platforms and short-term rental hosts shall retain records for a period of at least four (4) years.

(3) In order to determine whether a short-term rental host or hosting platform is in compliance with the requirements of this chapter, the Director may request that any records required to be kept by this section be provided for inspection. If such request is denied, the Director may seek an administrative search warrant from a court of competent jurisdiction authorizing said inspection.

(l) Nothing in this section shall be construed as permitting any person to obtain a permit or offer a short-term rental, where prohibited by any other provision of law.

(Ord. 01-2022. Passed 2-2-22.)

1182.10 GROUNDS FOR DENIAL OR NON-RENEWAL OF PERMIT.

(a) The Director shall issue a new permit, or grant the renewal of an existing permit, except as provided in subsections (b) or (c) of this section.

(b) The Director shall deny any application for a new permit, or renewal of permit, if any of the following are shown to have occurred at or in connection with the short-term rental property:

(1) The applicant makes a material misrepresentation of fact on the application.

(2) The applicant or any owner of the short-term rental has been convicted of violating Section 1182.04(a).

(3) Any owner, applicant, operator, or manager of the short-term rental has been convicted of the act of prostitution or soliciting for prostitution, or human trafficking, or an act that would constitute a felony drug abuse offense as defined in Ohio Revised Code Chapter 2925, or, within the previous ten (10) years, any misdemeanor violation of Ohio Revised Code Chapters 2925 or 3719, on the premises of the short-term rental or any other short-term rental in which that individual has any interest, including, but not limited to, ownership, licensure, or management.

(4) The property on which the short-term rental is located, or the short-term rental host is not in good standing with the Village of Granville Income Tax Division.

(c) The Director may deny any application for a new permit, or renewal of permit, if any of the following are shown by a preponderance of the evidence to have occurred at or in connection with the short-term rental property:

(1) The short-term rental has outstanding orders from the Granville Township Fire Department, the Village of Granville Planning Department or the Licking County Building Department that have not been corrected.

(2) A pattern of felony drug related activity.

(3) A pattern of prostitution related activity or evidence of human trafficking.

(4) A pattern of gang related activity as defined in Ohio Revised Code Section 2923.41.

(5) Calls for service ratio greater than 1:2 during a consecutive twelve-month period where at least one of the twelve months occurs within the calendar year in which an objection to the permit is lodged.

(6) A documented history of repeated offenses of violence as defined in Ohio Revised Code Section 2901.01.

(7) The owner, applicant, operator, or manager, or short-term rental host has not made a good faith effort to correct violations of Sections 1182.09 and 1182.10 of this chapter, or has obstructed or interfered with correction of the violations.

(8) The owner, applicant, operator, or manager or short-term rental host has engaged in the act of prostitution or soliciting for prostitution, or an act that would constitute a felony drug abuse offense as defined in Ohio Revised Code Chapter 2925, or, within the previous ten (10) years, any misdemeanor violation of Ohio Revised Code Chapters 2925 or 3719, on the premises of the short-term rental or any short-term rental in which that individual has any interest in, including, but not limited to, ownership, licensure, or management.

(9) The owner, applicant, operator or manager or short-term rental host maintains a nuisance or has a documented history of engaging in or allowing conduct or conditions that endanger the health, safety or welfare of neighboring residents.

(d) Evidence of unlawful conduct under subsections (b) and (c) of this section need only be that of de facto violation of law; evidence of conviction is not a prerequisite for denial except where specifically indicated.

(Ord. 01-2022. Passed 2-2-22.)

1182.11 OBJECTION, SUSPENSION AND REVOCATION; APPEAL.

(a) An adjacent property owner or a party with standing under applicable Ohio law may submit an objection to the Director regarding a new permit application, an existing permit or a renewal application, based on any activity set forth in Section 1182.10(b) or (c) that is shown to have occurred at or in connection with the short-term rental.

(b) At any time during the calendar year, the Director may suspend and/or revoke a short-term rental permit if it is determined that activity set forth in Section 1182.10(b) or (c) is shown to have occurred at or in connection with the short-term rental. In addition, suspension, revocation and/or other penalties may occur if a short-term rental unit is listed on a hosting platform without the required permit account number as required under Section 1182.08(e).

(c) Decisions of the Director may be appealed to the Board of Zoning and Building Appeals pursuant to Section 1139.04 of the Planning and Zoning Code.

(Ord. 01-2022. Passed 2-2-22.)

1182.12 PERMITS NON-TRANSFERABLE.

Short-term rental permits shall be granted solely to the Applicant and shall not be transferable to any other person or legal entity. The short-term rental permit shall include a non-transferability clause and the use shall be terminated automatically upon the sale or change of ownership of the property for which a permit has been issued.

(Ord. 01-2022. Passed 2-2-22.)

1182.13 RELATIONSHIP TO OTHER ORDINANCES.

Each short-term rental is subject to applicable hotel/motel/short-term rental excise tax and income tax ordinances, and shall comply with applicable building, electrical, plumbing, fire, health, planning and zoning code requirements as an express condition of the short-term rental permit. (Ord. 01-2022. Passed 2-2-22.)

1182.14 DISCRIMINATION PROHIBITED.

(a) An owner, permanent occupant, short-term rental host, or operator shall not:

(1) Decline a transient guest or short-term rental guest based on race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, disability, familial status or military status.

(2) Impose any different terms or conditions based on race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, disability, familial status or military status.

(3) Post any listing or make any statement that discourages or indicates a preference for or against any transient guest or short-term rental guest on account of race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, disability, familial status or military status. (Ord. 01-2022. Passed 2-2-22.)

1182.15 SEVERABILITY.

In the event any section or provision of this chapter shall be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so declared to be invalid or unconstitutional. (Ord. 01-2022. Passed 2-2-22.)

1182.16 GRANDFATHERING/PHASE-IN PERIOD.

Any short-term rental operation that was previously approved pursuant to any other provision of the Granville Planning and Zoning Code, including but not limited to those that were previously approved as a bed and breakfast, boarding house, hotel/motel/apartment hotel, lodging house, or rooming house, shall be administratively converted to a permitted short-term rental pursuant to this chapter, PROVIDED, that an application for such conversion that includes all of the information required by Section 1182.08(b) is received by the Director on or before December 31, 2021. Any conditional use permit that was issued in connection with the prior approval shall be deemed effective as to the short-term rental operation.

The limitations on the number of short-term rental operations in each respective zoning district shall not take effect until January 1, 2022. On and after that date, no new short-term rental permit shall be issued in excess of those limitations, and available permits shall be offered to qualifying applicants in the order that all required information and application fees were received by the Director. (Ord. 01-2022. Passed 2-2-22.)

1182.99 PENALTY.

(a) Any short-term rental host who rents a short-term rental for a short-term rental operation in violation of Section 1182.09(i), or any hosting platform that provides a booking service for a short-term rental operation in violation of Section 1182.09(j), without correcting or remedying the violation in a reasonable and timely manner, shall be guilty of an unclassified misdemeanor and shall be fined not more than two hundred fifty dollars ($250.00), in addition to any other remedies imposed by this chapter or provided by law. Each dwelling rented for a short-term rental operation in violation of these provisions shall constitute a separate offense.

(b) Any short-term rental host who rents a short-term rental for a short-term rental operation in violation of Section 1182.04(a), without correcting or remedying the violation in a reasonable and timely manner, shall be guilty of an unclassified misdemeanor and shall be fined not more than two hundred fifty dollars ($250.00). Upon subsequent conviction, the offense shall be a misdemeanor of the third degree punishable by a fine of not more than five hundred dollars ($500.00) or incarceration for not more than sixty (60) days, or both, in addition to any other remedies imposed by this chapter or provided by law. In addition, all gross revenue from short-term rental transactions that are unlawfully obtained in violation of Section 1182.04(a) shall be remitted to the Village of Granville, subject to local and state laws governing forfeiture.

(Ord. 01-2022. Passed 2-2-22.)

1183.01 OFF-STREET PARKING GENERALLY.

Surfaced off-street parking shall be provided on any lot on which any of the following uses are hereafter established; such space shall be provided with vehicular access to a street or alley. Parking of vehicles shall not be permitted in the front yard of any use in any Village, Suburban Residential (see, however, Section 1163.03(b)(1)), Community Service, Planned Development, or Suburban Business District. Parking lots for off-site commercial uses shall not be permitted within a residentially zoned district. Such provisions shall not apply to uses within a residentially zoned district that are permitted or conditionally permitted and are commercial in nature.

(Ord. 15-08. Passed 1-7-09.)

1183.02 DIMENSIONS.

(a) Parking Spaces. Minimum area and dimensions exclusive of driveways and aisles are as follows:

	Minimum Width (feet)	Minimum Length (feet)	Minimum Area (square feet)
(1) 90° parking	10	20	200
(2) parallel parking	10	23	230
(3) 60° parking	10	20
(4) 45° angle parking	13	20

(b) Parking Aisles. Minimum widths as follows:

(1) 90° parking	22 feet
(2) angle parking	18 feet
(3) parallel parking on one-way drive	14 feet

1183.03 NUMBER OF PARKING SPACES REQUIRED.

The number of off street parking spaces required shall be as set forth in the following schedule:

Uses	Parking Spaces Required
Automobile or machinery sales and service garages	1 for each 600 sq. ft. floor area
Banks, savings and loans, business and administrative offices	1 for each 400 sq. ft. floor area
Boarding, rooming, fraternity, sorority or lodging houses	1 per sleeping room
Bowling alleys	7 for each alley
Churches and schools	1 for each 5 seats in an auditorium or 2 for each classroom, whichever is greater
Dance halls and assembly halls without fixed seats, exhibition area used for assembly or dancing halls except church assembly rooms in conjunction with auditorium	1 for each 100 sq. ft. of floor
Drive in restaurants and fast food outlets	1 for each 50 sq. ft. of floor area
Dwellings	2 for each family or dwelling unit 4 for each parlor or 1 for each 50 sq. ft. of floor area
Furniture and appliance stores, household equipment or furniture repair shop	1 for each 400 sq. ft. of floor area
Hospitals	1 for each bed
Libraries, museums or art galleries	1 for each 400 sq. ft. of floor area
Manufacturing plants, research or testing laboratories, bottling plants, over 1,000 sq. ft. in area	1 for each 3 employees in the maximum working shift or 1,200 sq. ft. of floor area, whichever is greater
Medical or dental offices	1 for each 150 sq. ft. of floor
Motels and motor hotels (not including restaurant facilities)	1 for each living or sleeping unit
Recreational uses	To be established by Planning Commission
Restaurants	1 for each 200 sq. ft. of floor area
Retail stores, shops, etc.	1 for each 150 sq. ft. of floor area
Sanitariums, convalescent homes, Children's homes	1 for each 2 beds
Service-related uses such as printing or plumbing shops	1 for each 2 employees plus one for every 2 vehicles used for service or delivery
Shopping Centers	7 for each 1,000 sq. ft. of leasable floor area; "leasable floor area," as used in this chapter, means the gross building floor area, excluding hallways, elevator shafts, stairways and similar areas
Sports arenas, auditoriums, theaters, Assembly halls, other than schools	1 for each 4 seats
Wholesale establishments or warehouses	1 for each 3 employees on maximum shift or for each 3,000 sq. ft. of floor area, whichever is greater
Additional uses not specifically listed	To be established by Planning Commission

(Ord. 15-08. Passed 1-7-09.)

1183.04 DEVELOPMENT AND MAINTENANCE OF PARKING AREAS.

Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot and also an automobile or trailer sales lot, shall be developed and maintained in accordance with the following requirements:

(a) Parking Lot Layout. All parking areas having a capacity over twenty vehicles shall be striped with double lines twelve inches both sides of center between stalls to facilitate in and out movement. Whenever a parking lot extends to a property line or where the extension of a vehicle beyond the front line of the parking space would interfere with drive or aisle access, wheel blocks or other devices shall be used to restrict such extension.

(b) Screening and Landscaping. Off-street parking areas for more than five vehicles shall be effectively screened on each side which adjoins premises situated in any residential district by a masonry wall, earth berm or solid fence of acceptable design.

Such wall, earth berm or fence shall meet the requirements of the fence ordinance in Chapter 1187.

(c) Surfacing. Any off-street parking area for more than five vehicles shall be graded for proper drainage and surfaced so as to provide a hard, durable and dustless surface made of asphaltic or cement pavement material.

(d) Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to direct the light away from adjoining premises in any SR District, including Planned Unit District (PUD).

(e) Joint Use of Parking Areas. Parking spaces may be located on a lot other than that containing the principal use with approval of the Planning Commission provided a written agreement shall be filed with the application for a zoning certificate. When two or more uses are provided on the same lot, the total number of spaces required shall equal the individual requirements summed. In computation, a fractional space shall be rounded to the next highest number.

(f) Vehicular Access. All parking areas shall be provided with direct vehicular access to a street or alley abutting the property upon which the parking area is provided or to an adjacent parking area, and no such vehicular access shall be permitted through or across any lot in the VRD-Village Residential District or any lot in an SRD-Suburban Residential District.

1183.05 OFF-STREET LOADING.

(a) Spaces Generally. In any district, in connection with every building or part thereof erected and having a gross floor area of 5,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same lot with such building, at least one off-street loading space, plus one additional such loading space for each 10,000 square feet or major fraction thereof, of gross floor area so used in excess of 10,000 square feet.

(b) Dimensions. Each loading space shall be not less than ten feet in width, twenty-five feet in length, and fourteen feet in height.

(c) Occupying Yard. Subject to any limitations otherwise listed, such space may occupy all or any part of any required yard.

(d) Distance From Residential Lot. No loading space shall be closer than fifty feet to any other residential lot unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted solid board fence not less than six feet in height.

1184.01 PURPOSE.

The purpose of this chapter is to preserve and protect existing mature trees in the Village of Granville; and to incentivize certain tree preservation actions by developers in conjunction with new development in the Village of Granville. Specifically, these standards are meant to:

(a) Improve the aesthetic quality of new development through the preservation of existing trees;

(b) Maintain and enhance property values;

(d) Encourage site design techniques that preserve the natural environment and enhance the quality of the built environment; and

(e) Maintain the stability of slopes and control erosion and sediment runoff into streams and waterways.

(Ord. 26-2021. Passed 5-18-22.)

1184.02 APPLICABILITY.

This chapter applies to any construction, modification, or improvement on parcels in excess of one (1) acre. This includes, but is not limited to, commercial, residential, capital improvement, or utility projects, hereinafter referred to as "Construction Project."

(Ord. 26-2021. Passed 5-18-22.)

1184.03 EXCEPTIONS.

(a) This chapter does not apply to Accredited Arboretums or parcels that have an active conservation easement/covenant, as these parcels are considered "self-policing" as it pertains to tree preservation efforts.

(b) This chapter does not apply to parcels that are residential in nature, currently containing or meant to contain a single dwelling unit.

(Ord. 26-2021. Passed 5-18-22.)

1184.04 DEFINITIONS.

The following words and phrases, when used in this article, shall have the meaning ascribed to them by this section:

(a) "Accredited Arboretum" means a parcel or set of parcels that have acquired arboretum status through the American Public Gardens Association Arboretum Accreditation Program.

(b) "Aggregate Diameter" means the combined diameter of a multiple trunk tree measured at breast height (see diameter breast height).

(c) "Applicant" means the owner, developer, or designee responsible for the execution of Tree Preservation Plan for a Construction Project. Synonymous with "Responsible Party."

(d) "Building Activity Area" means the area of a lot in which construction and building activities are to be limited and hence shall be the smallest possible area of a lot or parcel of land within which building activity may take place, including the entire area affected by building and grading activities related to the proposed construction, to be determined with maximum regard for existing Trees.

(e) "Caliper" means the diameter of a Tree trunk six (6) inches above the existing grade or proposed planted grade. This measurement is used for nursery-grown Trees.

(f) "Critical Root Zone" means the area inscribed by an imaginary line on the ground beneath a Tree having its center point at the center of the trunk of the Tree and having a radius equal to one (1) foot for every inch of diameter breast height.

(g) "Diameter Breast Height (DBH)" means the diameter of a Tree measured at four and one-half feet (4.5 ft) above the existing grade at the base of the Tree. This measurement is used for existing forest Trees.

(h) "Heavily Wooded Site" means any site of a Construction Project with a current Tree canopy greater than eighty percent (80%) as estimated by the Village Planner.

(i) "ISA Certified Arborist" means a credential earned by individuals trained and knowledgeable in all aspects of arboriculture certifying that they have met all requirements to be eligible for the exam, which includes three (3) or more years of full-time, eligible, practical work experience in arboriculture and/or a degree in the field of arboriculture, horticulture, landscape architecture, or forestry from a regionally accredited educational institute.

(j) "Preferred Tree List" means a list of preferred Trees for the Village of Granville that considers those Trees that are most compatible with the Central Ohio climate and other environmental factors. This list is updated and approved as needed by the Tree and Landscape Commission as an addendum to this chapter.

(k) "Protected Tree" means any Tree having a diameter of six (6) inches DBH or larger or having an aggregate diameter of fifteen (15) inches DBH or larger or a Tree which has been designated by the Village to be of high value or interest to the Village because of its location or historic association, or other professional criteria.

(l) "Remove" or "Removal" means the causing or accomplishing of the actual physical removal of a Tree, or the effective removal through damaging, poisoning, or other direct or indirect action resulting in, or likely to result in, the death of a Tree.

(m) "Replacement Tree" means a Tree that is procured and planted for the purpose of replacing any removed Protected Tree.

(n) "Responsible Party" means the owner, developer, or designee responsible for the execution of Tree Preservation Plan for a Construction Project. Synonymous with "Applicant."

(o) "Tree" or "Trees" means any self-supporting woody plant together with its root system, growing upon the earth usually with one trunk, or multi-stemmed trunk system, supporting a definitely formed crown.

(p) "Tree Bank Option" means that if on-site Tree replacement is impossible or impractical, the remaining balance of required Replacement Trees shall be planted on a designated Tree Bank Site determined by the Village Planner.

(q) "Tree Bank Fund" means that if a Tree Bank Site cannot accommodate the required Replacement Trees, the replacement fee for each Tree shall be allocated to the Tree Bank Fund according to the schedule of fees established by Council.

(r) "Tree Preservation Area" means the area of a parcel of land in which all Trees shall be protected during all phases of construction.

(s) "Tree Preservation Plan" means a proposal which includes a Tree survey and a written plan with text and/or graphic illustrations indicating the methods which are to be used to preserve existing Trees during construction, and methods for ongoing maintenance, including fertilizing and pruning.

(t) "Tree Preservation Zone" means an area designated on a subdivision plat with restrictions noted regarding the removal of Trees.

(u) "Tree Removal Permit" means the permit required by this section to be issued in order to remove any Protected Tree within the corporate limits of the Village.

(v) "Tree Survey" means a graphic display drawn to scale, not to exceed 1" = 50', showing all existing Trees on a site with a six-inch DBH or greater. The Tree survey shall include species, conditions, and contain the outline of the critical root zone of each such Tree as determined by a Certified Arborist.

(Ord. 26-2021. Passed 5-18-22.)

1184.05 TREE PRESERVATION PLAN.

(a) Prior to beginning any Construction Project, a Tree Preservation Plan including a Tree Survey, and a Tree removal permit (if applicable) must be submitted by the Applicant to the Village Planner for review and approval. A Construction Project shall not commence without a Tree Preservation Plan approved by the Village Planner or their designee.

(b) A Tree Preservation Plan shall include:

(1) The location, botanical name, dimension at breast height (DBH), and vertical height of all existing trees on the property;

(2) The intent to preserve, relocate, or replace each tree; and

(3) Measures to be taken to protect new and mature trees during construction, and to protect roots and soil during construction, following Best Management Standards and ANSI Standards for Arboriculture, as may be amended from time to time.

(Ord. 26-2021. Passed 5-18-22.)

1184.06 TREE PRESERVATION PLAN PREPARATION.

(a) A preliminary site inspection followed by periodic inspections will be conducted by the Village Planner or their designee to ensure compliance with the Tree Preservation Plan.

(b) All professionally reasonable efforts shall be undertaken in the architectural layout and site engineering design of the proposed development to preserve existing Protected Trees.

(d) The required drainage and grading plan, including stormwater management facilities, shall be developed in such a way as to avoid removal of Protected Trees in the Tree Preservation Area thereby causing risk of loss through change in grade or moisture.

(e) Proposed placement of all utility service lines shall be shown on the Tree Preservation Plan. Every effort shall be made to protect existing Protected Trees during the placement of utility service lines including "auguring and/or jacking" as opposed to open cutting as appropriate. A copy of the Tree Preservation Plan shall be submitted at the preliminary plat stage by the Applicant to the appropriate public utilities in order to alert said public utilities to the proposed placement of the utility service lines.

(f) Landscape planning shall include the preservation of existing healthy Protected Trees. (Ord. 26-2021. Passed 5-18-22.)

1184.07 TREE PRESERVATION CRITERIA.

The Village Planner or their designee, and a Certified Arborist shall consider the factors below and any other relevant information when evaluating a Tree Preservation Plan for approval or rejection.

(a) The existing natural features of the site, preservation priorities, and the impact the removal of any Tree may have both on and off site.

(b) The desirability of preserving a Tree or group of Trees by reason of age, health, location, size, or species.

(c) Whether the design incorporates the required Tree preservation priorities as outlined in Section 1184.05 of this Chapter.

(d) The extent to which the Tree Preservation Area would be subject to environmental degradation due to removal of the Tree or group of Trees.

(e) The impact of the reduction in Tree cover on adjacent properties, the surrounding neighborhood and the property on which the Tree or group of Trees is located.

(f) Whether alternative construction methods have been proposed to reduce the impact of development on existing Trees.

(g) Whether the size or shape of the lot reduces the flexibility of the design.

(h) The general health and condition of the Tree or group of Trees, or the presence of any disease, injury, or hazard.

(i) The placement of the Tree or group of Trees in relation to utilities, structures, and the use of the property.

(j) The need to remove the Tree or group of Trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities.

(k) Whether proposed roads and proposed utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy.

(l) Construction requirements of on-site and off-site drainage.

(m) The effect other chapters the Village Code or policies have on the development design.

(n) The extent to which development of the site and the enforcement of this Chapter are impacted by state and federal regulations.

The above items are not presented in any particular order of importance. The weight each is given will depend in large part on the individual characteristics of each Construction Project.

(Ord. 26-2021. Passed 5-18-22.)

1184.08 TREE PROTECTION DURING CONSTRUCTION.

(a) If Trees are to be credited towards landscaping requirements they must be protected during all phases of construction as described herein.

(b) The Applicant shall be responsible for the construction, erection, and maintenance of temporary fencing or other physical barrier around the Tree Preservation Areas so that all Protected Trees shall be preserved. The fencing or other protective barrier must be located a distance from the trunk that equals, at a minimum, the distance of the critical root zone or fifteen (15) feet whichever is greater, unless otherwise approved by the Village Planner or designee. The fencing or other physical barrier must remain in place and be secured in an upright position during the entire construction period to prevent impingement of construction vehicles, materials, spoils, and equipment into or upon the Tree Preservation Area. Tree protection signs, available from Village Planner, must be located along the fencing. Any change in the protective fencing must be approved by the Village Planner.

(c) The approved Tree Preservation Plan shall be available on the building site before work commences and at all times during the Construction Project. The Applicant shall be responsible for notifying all contractors and utilities involved with a given Construction Project of the Tree Preservation Plan.

(d) During all phases of construction, all steps necessary to prevent the destruction or damage to Protected Trees (other than those specified to be removed) shall be taken, including but not limited to the following:

(1) No construction activity, movement and/or placement of equipment, vehicles, materials, or spoils storage shall be permitted within the Tree Preservation Area. No excess soil, additional fill, liquids, or construction debris shall be placed within the critical root zone of any Tree that is to be preserved;

(2) All required protective fencing or other physical barrier must be in place around the Tree Preservation Area and approved by the Village prior to the beginning of construction, including site clearing. The fencing or other protective barrier must be located a distance from the trunk that equals, at a minimum, the distance of the critical root zone or fifteen (15) feet, whichever is greater, unless otherwise approved by the Village Planner or designee. The fencing or other physical barrier must remain in place and be secured in an upright position during the entire construction period to prevent impingement of construction vehicles, materials, spoils, and equipment into or upon the Tree Preservation Area. Any change in the protective fencing must be approved by the Village Planner;

(3) No attachments, including but not limited to ropes, nails, advertising posters, signs, fences or wires (other than those approved for bracing, guying or wrapping) shall be attached to any Trees;

(4) No gaseous liquids or solid substances which are harmful to Trees shall be permitted within the Tree Preservation Area;

(5) No fire or heat shall be permitted within the Tree Preservation Area;

(6) Unless otherwise authorized by the Tree removal permit, no soil is to be removed from or placed upon the critical root zone of any Tree that is to remain; and

(7) All utilities, including service lines, shall be installed in accordance with the Tree Preservation Plan. Public utilities which have been notified of the Tree Preservation Plan in accordance with herein shall be responsible for adhering to said Tree Preservation Plan during installation of necessary utility service lines. Every effort shall be made to protect existing Protected Trees during the placement of utility service lines including auguring and/or jacking as opposed to open cutting as appropriate.

(e) It shall be contrary to this Code for any person, firm, or corporation, including public utilities, to fail to abide by the terms of any Tree Preservation Plan or tree removal permit issued by the Village. If the necessary precautions as specified in the Tree Preservation Plan were not undertaken before construction commenced or are not maintained at any time during construction, a stop work order will be issued by the Village until such time as the Responsible Party complies with these precautions.

(Ord. 26-2021. Passed 5-18-22.)

1184.09 TREE PRESERVATION INCENTIVES.

In order to encourage the preservation of existing Trees on a site, incentives for the retention and protection of existing, undisturbed, structurally sound and healthy Trees shall be granted in accordance with the following standards:

(a) For each Tree preserved and protected in accordance with the standards of this Chapter, a credit in the amount of one and one-half times the number of preserved trees shall be credited and applied towards the Tree planting requirements for landscaping and buffering. To receive credit, the preserved Trees must meet the following requirements:

(1) Canopy Trees, whether deciduous or evergreen, shall have a minimum diameter of eight (8) inches, as measured four and one-half (4 ½) feet above ground level.

(2) Understory or ornamental trees, whether deciduous or evergreen, shall have a minimum diameter of four (4) inches, as measured four and one-half (4 ½) feet above ground level.

(3) For credit towards the tree planting requirements in Section 1193.07, Tree Planting Requirements, the preserved tree(s) must be located inside, or within thirty (30) feet of, the planting area for which the credit will be applied.

(b) Approved tree preservation credits may be applied to the tree planting requirements for street yard landscaping, motor vehicle use area landscaping, street trees, or perimeter buffers as appropriate. In no case shall tree preservation credits be used to offset more than fifty percent (50%) of the required number of trees in the area to which they are applied.

(c) When Trees preserved and credited in accordance with Section 1184.11 are located inside, or within fifteen (15) feet of, the perimeter of a motor vehicle use area containing required parking spaces, the minimum parking requirement, as set forth in Section 1183.03, may be reduced by two and five-tenths percent (2.5%) for each preserved tree that meets these standards. In no case shall the minimum parking requirement be reduced by more than fifteen percent (15%), regardless of the number of trees preserved.

(Ord. 26-2021. Passed 5-18-22.)

1184.10 TREE PLANTING AND REPLACEMENT.

(a) Species selection shall be based upon the amount of space available for proper growth on the site in accordance with width of Tree lawn as specified in the Village Code, Section 1193.04; and informed by the most current Preferred Tree List maintained by the Village Planner.

(b) The Applicant is expected to plant Trees in locations on the site where the environmental benefits of canopy cover are most likely to offset the impact of development. Trees shall not be placed within utility easements, or in other locations where their future protection cannot be assured.

(c) Approval of a plan shall be contingent upon the Applicant depositing with the Village either bond or other insurance/surety in an amount equal to the estimated cost of materials and labor of Trees at the time of installation.

(d) Every effort shall be made to replant a minimum of fifty percent (50%) of the required Replacement Trees in another location on the site from which the original Trees were removed to maintain the remaining natural distribution of Tree cover in the Village.

(e) Replacement Tree shall, to the extent possible, have a minimum caliper of two (2) inches and a clear trunk height of at least six (6) feet. The schedule for Replacement Trees will be based on the diameter, twenty-four (24) inches above grade of those Trees removed. Replacement Trees shall equal the diameter or aggregate diameter of the Tree(s) removed; i.e., removal of a twenty-four (24)-inch diameter Tree at twenty-four (24) inches above grade would equal twelve (12), two (2) inch diameter Trees.

(Ord. 26-2021. Passed 5-18-22.)

1184.11 REPLACEMENT SCHEDULE FOR HEAVILY WOODED SITES.

In lieu of the provisions above, the Responsible Party of a Heavily Wooded Site shall, during the course of development, be required to retain or replace Protected Trees so that a minimum of forty percent (40%) of the development site shall, to the extent possible, remain under canopy coverage. This calculation shall be a measured estimate based on Tree size and canopy achieved over a thirty (30) year period.

Where it is impractical or not feasible to achieve a forty percent (40%) canopy, the Village Planner may approve one, or any combination of, the following alternatives as a means of meeting the Tree replacement requirements:

(a) Replace as many Trees as is practical on the affected lot; and/or

(b) Replace as many Trees as is practical within the affected subdivision phase; and/or

(d) For those Trees that cannot be replaced through steps one through three above, the developer or owner shall be required to replace the Trees elsewhere in the Village; and/or

(e) Donate two hundred fifty dollars ($250.00) per Tree removed payable to the Village Tree Bank Fund for purchase and planting of Replacement Trees at an alternate location, up to a maximum of twenty-five thousand dollars ($25,000).

(Ord. 26-2021. Passed 5-18-22.)

1184.12 EXEMPTIONS FROM REPLACEMENT.

The Village Planner or designee may approve the removal of a Protected Tree that would be exempt from replacement requirements if one of the following applies:

(a) The Tree is dead, damaged, or diseased; or

(b) The Tree is an undesirable species in its present location, as determined by the Village Planner (or designee); or

(Ord. 26-2021. Passed 5-18-22.)

1185.01 SWIMMING POOL REQUIREMENTS; DEFINITIONS.

(a) Definitions.

(1) A "private swimming pool," as regulated herein, means any pool, pond, lake or open tank that is constructed for the purpose of swimming. No such swimming pool shall be allowed in any use district except as an accessory use to a residence or as a private club facility and unless it complies with the following conditions and requirements.

(2) "Exclusive private use" means that the pool is intended and is to be used solely for the enjoyment of the occupants of the principal building of the property on which it is located and their guests.

(b) Distance Requirements. The pool may be located anywhere on the premises except in front yards, provided it shall not be located closer than ten feet to any property line of the property on which located; provided further, that pump and filter installation shall be located not closer than twenty feet to any property line.

(c) Fencing. The swimming pool, or the entire property on which it is located, shall be so walled or fenced at a minimum height of five (5) feet to prevent uncontrolled access from the street or from adjacent properties.

(d) Drainage. Adequate provision for drainage shall be made subject to approval by the Village Manager or his designee.

(e) Lighting. Any lighting used to illuminate the pool area shall be so arranged as to deflect the light away from the adjoining properties.

(f) Permit Required. No person, firm or corporation shall construct or install a swimming pool or make any alteration therein or in the appurtenances thereof without having first submitted an application and plans therefore to the Village Manager.

(Ord. 6-2013. Passed 3-20-13.)

1185.02 SPECIAL PROVISIONS.

No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this Zoning Ordinance may be undertaken and maintained if acceptable measures or safeguards to reduce dangerous and objectionable conditions to acceptable limits are established by the performance requirements in subsections (a) to (j) hereof.

(a) Fire Hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.

(b) Radioactivity or Electrical Disturbance. No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.

(c) Noise. Objectionable noise as determined by the Board of Zoning and Building Appeals which is due to volume, frequency or beat shall be muffled or otherwise controlled. Air-raid sirens and related apparatus used solely for public purposes are exempt from this requirement.

(d) Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.

(e) Air Pollution. No pollution of air by fly-ash, dust, vapors, odors, smoke or other substances shall be permitted which are harmful to health, animals, vegetation or other property, or which can cause excessive soiling.

(f) Glare. No direct or reflected glare shall be permitted which is visible from any property outside an industrial district or from any street.

(g) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.

(h) Water Pollution. Water pollution shall be subject to the requirements and regulations established by the Ohio Environmental Protection Agency.

(i) Enforcement Provisions. The Village Manager or Planning Commission prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.

(j) Measurement Procedures. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American National Standards Institute, Washington, D.C., the United States Bureau of Mines, and the Ohio EPA.

(k) Abatable Nuisance. Upon determination by the Village Manager or his/her designee or as sustained by appeal of such a decision to Council, subsections (a) to (h) hereof shall be considered abatable nuisances and are a violation of the provisions of this Zoning Ordinance.

1187.01 HEIGHT MODIFICATIONS.

The height limitations stipulated elsewhere in this Zoning Ordinance shall not apply to the following:

(a) Farm Buildings, Architectural Features, etc. Barns, silos, or other farm buildings or structures on farms; church spires, belfries, cupolas and domes; monuments; water towers, chimneys, smoke stacks, flagpoles; parapet walls extending not more than four feet above the limiting height of the building.

(b) Elevator Penthouses, Water Tanks, etc. Elevator penthouses, water tanks, monitors and scenery lofts, provided no linear dimension of any such structure exceeds fifty percent (50%) of the corresponding street lot line frontage; towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures where the manufacturing process requires a greater height.

1187.02 YARD AND FRONTAGE MODIFICATIONS.

(a) Steep Slopes; Front Yard Garage. In any SR District or the VR District where the natural grade of a lot within the required front yard has an average slope, normal to the front lot line at every point along such line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of twelve percent (12%) or less to a private garage conforming to the requirements of this Zoning Ordinance, such garage may be located within such front yard, but not in any case closer than twelve feet to the street right-of-way line.

(b) Side Yard Modifications; Corner Lot. For a side yard along the side street lot line of a corner lot, which lot abuts the rear, either directly or across the alley, the side lot line shall have a width equal to the required depth of the front yard on such other lot fronting the side street.

(c) Frontage Modifications. In the case of curvilinear streets and cul-de-sacs, the Board of Zoning and Building Appeals may authorize a reduction of the otherwise specified lot frontage in SR Districts, provided that:

(1) The lot width measured at the building line equals the frontage required in the district where located;

(2) The front lot line is not less than forty feet in any event; and

(3) Such reduction of frontage will not result in a reduction of the required lot area.

1187.03 YARD PROJECTIONS.

(a) Projections of Architectural Features. Certain architectural features may project into required yard or courts as follows:

(1) Cornices, canopies, eaves or similar architectural features, may project a distance not exceeding four feet.

(2) Fire escapes may project a distance not exceeding four feet, six inches.

(3) An uncovered stair and necessary landings may project a distance not to exceed six feet, provided such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three feet in height.

(4) Bay windows, balconies, uncovered porches and chimneys may project a distance not exceeding three feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

(5) Interior side yard. The above-named features may project into any side yard adjoining an interior side lot line, a distance not to exceed one-fifth of the required least width of such side yard, but not exceeding three feet in any case.

(6) Rear yards. Subject to the limitation in subsection (a)(5) hereof, the features named therein may project into any rear yards the same distances they are permitted to project into a front yard.

(b) Fences, Walls and Hedges.

(1) Intent. It is the intent of this Fence Code to regulate the placement of fencing, walls or any combination thereof within the front, side, and rear yards of any property within the Village. It is further the purpose of this Code to maintain clear visibility of vehicular and pedestrian traffic on adjacent streets, alleys, and sidewalks that may otherwise be affected by fencing and/or wall locations and heights; to maintain an orderly appearance and reduce any negative impact upon other properties where such fencing or walls are directly visible from and adjacent to, public streets; and, therefore, to regulate the location, height, material composition, landscaping, and overall general fence characteristics.

(2) Front Yard Restrictions. No person shall erect any fence or wall in the Village between the front yard setback line and the street; with the exception that decorative landscaping walls and fences which do not exceed forty-two inches (42") in height above ground level may be allowed. This type of fence must meet the following requirements:

(a) That the proposed decorative landscape wall or fence is compatible with other similar structures in the neighborhood.

(b) That the height of said fence or wall does not exceed forty-two inches (42") in height when measured from the average grade of the yard where the fence or wall is to be installed. Artificially raising the height of the lot line by the use of mounding, retaining walls, or similar means shall be included in the forty-two inch (42") maximum height.

(c) The installation of such fence and/or wall shall not create a visibility or safety concern for vehicular and/or pedestrian movement.

(d) That no chain link, wire mesh, concrete block, or other similar type material can be installed fronting a street as a decorative landscape wall or fence.

(3) Side and Rear Yard Restrictions. No fence, wall, or combination thereof shall exceed seventy-two inches (72") in height as measured from the average grade of that portion of the lot in the rear or side yards. No side yard fence shall extend beyond the front setback line of the house. Artificially raising the height of the lot line by the use of mounding, retaining walls, or similar means shall be included within the seventy-two (72") maximum height restriction. Any fence or wall erected along the side or rear property lines must have the finished and not the structural side facing the neighboring property, alley, or street.

(4) Corner Lots. No fence, wall, or combination thereof shall exceed forty-two inches (42") in height in the side yard setback area as it faces a public or private street. Fencing or walls exceeding forty-two inches (42") in height but in no case higher than seventy-two inches (72") as measured from the average grade may be allowed. This type of fence must meet the following requirements:

(a) That the proposed side yard fence or wall on the street side of a corner lot exceeding forty-two inches (42") in height is compatible with other similar structures in the neighborhood.

(b) That the height of such fence or wall shall not exceed seventy-two inches (72") in height; artificially raising the height of the lot line by the use of mounding, retaining walls, or similar means shall be included within the seventy-two inch maximum height.

(c) The installation of such fence or wall shall not create a visibility or safety concern for vehicular and/or pedestrian movement.

(5) Prohibited Fences. No person shall erect or maintain anywhere in the Village a fence or wall equipped with or having barbed wire, spikes, sharp points, or any similar device or an electrical charge sufficient to cause shock except, as part of an agricultural operation or for safety ad protection of individuals from hazard, such as electric substations.

1187.04 LOT AREA REQUIREMENTS; PRIVATE SANITARY FACILITIES.

Any other regulations of this Zoning Ordinance notwithstanding or as otherwise determined by the County Board of Health, in any district where public water and sanitary facilities are not accessible, the lot area per single-family dwelling and lot frontage requirements otherwise specified for residential uses shall be increased as follows:

(a) Sewerage and Water Not Available. Where both public sewerage and public water supply are not accessible:

Minimum lot area - 1 acre

Minimum lot frontage - 125 feet

(b) Sewerage Not Available. Where public water supply is accessible and private connections will be made, but where public sewerage is not accessible:

Minimum lot area - 1 acre

Minimum lot frontage - 125 feet

1188.01 GENERAL REGULATIONS.

(a) Except as provided in subsections (d) and (e) hereof, no owner of a motor vehicle, owner of premises or occupant of premises shall leave a motor vehicle in the open on private premises for more than ten days where such motor vehicle is:

(1) Unlicensed and more than three years old; or

(2) Extensively damaged, such damage including but not limited to any of the following: missing wheels, tires, motor or transmission; or

(3) Apparently inoperable; or

(4) Present on such premises for a use other than primarily as a motor vehicle to be operated on public highways.

(b) Except as provided in subsections (d) and (e) hereof, no owner of a motor vehicle, owner of premises or occupant of premises shall leave a motor vehicle in the open on private premises for more than thirty days where such motor vehicle is:

(1) Under repair; or

(2) A motor vehicle that has not been operated on a public highway during such period and has a fair market value of less than one thousand dollars five hundred dollars ($1,500).

(c) For the purpose of subsections (a) and (b) hereof, "in the open" shall refer to any location on private premises except a location inside a completely enclosed building.

(d) Upon approval of the Planning Commission, the leaving of a motor vehicle under circumstances otherwise prohibited in subsections (a) and (b) hereof, may be permitted, if the motor vehicle is permanently concealed by buildings, fences, vegetation, terrain or other suitable obstruction.

(e) This chapter shall not apply to persons or entities lawfully engaged in the servicing, repair or restoration of motor vehicles or the properties upon which such enterprise is conducted.

(Ord. 6-93. Passed 4-22-93.)

1188.99 PENALTY.

Whoever violates any provision of this chapter or any amendment or supplement thereof, as provided in Section 501.02(D) of the General Offenses Code as presently written or hereinafter amended shall be guilty of a minor misdemeanor. Each day such violation continues shall be deemed a separate offense.

(Ord. 6-93. Passed 4-22-93.)

1189.01 PURPOSE AND INTENT.

The purposes of these sign regulations are: to encourage the effective use of signs as a means of communication in the Village; to maintain and enhance the attractive aesthetic environment and the Village's ability to attract sources of economic development; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign restrictions. This sign chapter is adopted under the zoning authority of the Village in furtherance of the more general purpose set forth in the Zoning Ordinance.

All signs proposed for erection in the Village, except as otherwise provided in this chapter, shall be constructed in accordance with this Chapter and shall be subject to review by the Village Planner, or the Planning Commission if located within the Architectural Review Overlay District, to insure overall compatibility with the unique historical, architectural and overall character of the Village. Any sign proposed which does not meet the sign regulations, may be reviewed by the Board of Zoning and Building Appeals (referred to as BZBA herein) in accordance with Chapter 1147, Variances. (Ord. 11-2013. Passed 7-17-13.)

1189.02 APPLICABILITY; EFFECT.

A sign may be erected, placed, established, painted, created, or maintained in the Village only in conformance with the standards, procedures, exemptions, and other requirements of this chapter.

The effect of this chapter as more specifically set forth herein is:

(a) To establish a permit system to allow a variety of sign types in Granville zoning districts, and a limited variety of signs in other zones, subject to the standards and permit procedures of this chapter.

(b) To allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this chapter.

(d) To prohibit all signs not expressly permitted by this chapter.

(e) To provide for the enforcement of the provisions of this chapter.

(Ord. 17-01. Passed 10-4-01.)

1189.03 DEFINITIONS AND INTERPRETATION.

Words and phrases used in this chapter shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in the Zoning Ordinance of the Village shall be given the meanings set forth in such Ordinance. Principles for computing sign area and sign heights are contained in Section 1189.04. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings for captions are for reference purposes only and shall not be used in the interpretation of this chapter.

(1) "Animated Sign" means any sign that uses movement, of parts or all of the sign or supporting structure, or change of lighting to depict action or create a special effect or scene. (Ord. 17-01. Passed 10-4-01.)

(2) "Banner" means any sign or lightweight fabric or similar material that is mounted to a pole or a building by a frame at one or more edges. National, state, municipal, or institutional flags shall not be considered banners. Corporate or business flags will be considered banners under this chapter. (Ord. 15-08. Passed 1-7-09.)

(3) "Beacon" means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.

(4) "Building Frontage" means the total lineal facade length that faces a public right-of- way, measured at the foundation.

(5) "Building Marker" means any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

(6) "Canopy Sign" means any sign that is a part of or attached to an awning, canopy, or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

(7) "Changeable Copy Sign" means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face of the surface of the sign. A sign on which the message changes more than eight times a day shall be considered an animated sign and not a changeable copy sign for the purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a changeable copy sign for the purposes of this chapter.

(8)“Color” means any shade on the visible spectrum distinguished by the qualities of hue, lightness, brightness, and saturation. Where this chapter limits the number of colors in a sign, any discernible difference in color, including shades of the same base color, shall be deemed a separate color. When either pure black or pure white are used as background colors in a sign, they shall not be counted in the overall color count.

(9) "Commercial Message" means any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

(10) "Community Service District" means a commercial base-zoning district as established in Chapter 1155 of the Granville Codified Ordinances, which designates areas, as shown on the Official Zoning Map, and to which the applicable regulations and provisions govern the properties within the district.

(11) "Customer Convenience Signs" means any sign, label, or placard placed inside or on a window that shows the acceptance or use of insurance carriers, charge cards, movie posters (only in video rental stores), security and alarm notices, no smoking, store hours, restaurant menu, public service announcements, and the like.

(12) "Flag" means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other public or institutional entity.

(13) "Freestanding Sign" means any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or structure.

(14) "Incidental Sign" means a sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.

(15) "Lot" means any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record that is recognized and intended as a unit for the purpose of transfer of ownership.

(16) "Marquee" means any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather (similar to a movie theater sign).

(17) "Neon Sign" means any sign using illumination derived from noble gases from Group VIII of the periodic table (referred to herein as neon signs).

(18) "Marquee Sign" means any sign attached to, in any manner, or made a part of a marquee.

(19) "Nonconforming Sign" means any sign that does not conform to the requirements of this chapter.

(20) "Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wires or string, usually in a series, designed to move in the wind.

(21) "Person" means any association, company, corporation, firm, organization, or partnership, singular or plural, of any kind.

(22) "Portable Sign" means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A-or-T frames; menu and sandwich board signs, balloons used as signs; umbrellas used for advertising; and signs attached to, painted on, or otherwise made part of vehicles parked and visible from the public right-of-way.

(23) "Principal Building" means the building in which the principal use is conducted or the zone lot on which it is located. Zone lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.

(24) "Projecting Sign" means any sign affixed to a building or wall in such a manner that its leading edge extends more than 12 inches beyond the surface of such building or wall.

(25) "Planned Development Districts" means zoning districts: Planned Commercial District (PCD), Planned Industrial District (PID), and Planned Unit Development (PUD). Commercial base-zoning districts as established in Chapter 1155 of the Granville Codified Ordinances, which designates areas, as shown on the Official Zoning Map, and to which the applicable regulations and provisions govern the properties within the district.

(26) "Residential Sign" means any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such goods or services at such location conforms with all requirements of the Zoning Ordinance.

(27) "Roof Sign" means any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

(28) "Sandwich Board Sign" means any sign temporarily placed in the right of way of the zone lot or on the land between the building and the right of way as a freestanding sign, which may include chalk and dry-erase boards.

(29) "Setback" means the distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.

(30) "Sign" means any device, fixture, placard, or structure whether temporary or permanent, freestanding or attached, that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purposes of a person or entity, or to communicate information of any kind.

(31) "Street" means a strip of land or way subject to vehicular traffic (as well as pedestrian traffic) that provides direct or indirect access to property, including but not limited to, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails, or other thoroughfares.

(32) "Street Frontage" means the distance for which a lot line of a zone lot adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street.

(33) "Suburban Districts (SBD) and (SRD)" means zoning districts: Suburban Business District (SBD), Suburban Residential Districts (SRD-A), (SRD-B), and (SRD-C). Commercial (SBD) and residential base zoning districts as established in Chapter 1155 of the Granville Codified Ordinances, which designates areas, as shown on the Official Zoning Map, and to which the applicable regulations and provisions govern the properties within the district.

(34) "Suspended Sign" means a sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

(35) "Temporary Sign" means any sign that is used only temporarily and is not permanently mounted.

(36) "Transportation Corridor Overlay District" means an overlay zoning district. Generally, this district encompasses 100 feet on either side of the right-of-way in most of the transportation corridors into the Village. See also Chapter 1176 of the Codified Ordinances.

(Ord. 17-01. Passed 10-4-01.)

(37) "Village Districts (VBD), (VGD), (VID), (VRD), and (VSD)" means zoning districts: Village Business District (VBD), Village Gateway District (VGD), Village Institutional District (VID), Village Residential District (VRD), and Village Square District (VSD). Commercial (VBD) and residential base zoning districts as established in Chapter 1155 of the Granville Codified Ordinances, which designates areas, as shown on the Official Zoning Map, and to which the applicable regulations and provisions govern the properties within the district.

(38) “Village Gateway District (VGD)” means the zoning district established in Chapter 1173 of the Granville Codified Ordinances, which designates areas, as shown on the Official Zoning Map, and to which the applicable regulations and provisions govern the properties within the district. (Ord. 07-08. Passed 8-6-08.)

(39) "Wall Sign" means any sign attached parallel to, but within twelve (12) inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, or which is supported by such wall or building, and which displays only one sign surface.

(40) "Window Sign" means any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

(41) "Zone Lot" means a parcel of land in single ownership that is sufficient size to meet minimum zoning requirements for area, coverage and use, and that can provide such yards and other open spaces as required by the zoning regulations.

(Ord. 17-01. Passed 10-4-01; Ord. 23-2020. Passed 11-4-20.)

1189.04 COMPUTATIONS.

The following principles shall control the computation of sign area and sign height:

(a) Computation of Area of Individual Signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, or triangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets Zoning Ordinance regulations and is clearly incidental to the display itself (See Table 1189 A for example drawing). For freestanding signs, the entire sign face shall be included in the computation.

(b) Computation of Area of Multifaced Signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 24 inches apart, the sign area shall be computed by the measurement of one of the faces.

(c) Computation of Height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to existing grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade can not reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower.

(d) Computation of Maximum Total Permitted Sign Area for a Zone Lot. The permitted sum of the area of all individual signs on a zone lot shall be computed by applying the formulas contained in Table 1189 B.

(Ord. 17-01. Passed 10-4-01.)

Table 1189 A - Sample Drawing

Canopy Sign Freestanding Sign

Wall Sign Window Sign

(Ord. 17-01. Passed 10-4-01.)

1189.05 SIGNS ALLOWED ON PRIVATE PROPERTY WITH OR WITHOUT PERMITS.

Signs shall be allowed on property in the Village in accordance with, and only in accordance with Table 1189 B.

Table 1189 B- Design Standards

KEY TO TABLE 1189 B

On the tables in this chapter, which are organized by zoning district, the headings have the following meanings:

VRD Village Residential District PID Planned Industrial District

VBD Village Business District PCD Planned Commercial District

VSD Village Square District CSD Community Service District

VID Village Institutional District PUD Planned Unit District

SBD Suburban Business District SRD Suburban Residential District

VGD Village Gateway District

Village Zoning Districts
Sign Type	VRD	VBD	VSD	VID
General Provisions	1. The maximum number of colors in any sign is three. 2. Unless otherwise stated in a specific district, neon signs shall not be permitted. 3. Unless otherwise stated in a specific district, internal illumination of a sign is not permitted. 4. The maximum total square footage of all signs on any zone lot is 7 square feet. 5. Changeable copy signs are not permitted. 6. Animated signs are not permitted.	1. The maximum number of colors in any sign is three. 2.Unless otherwise stated in a specific district, neon signs shall not be permitted. 3. Unless otherwise stated in a specific district, internal illumination of a sign is not permitted. 4. Maximum sign area is 2.5 square feet/lineal feet + 25% for the second street frontage. 5. The maximum number of individual signs per storefront is four. 6. Changeable copy signs are not permitted. 7. Animated signs are not permitted.	1. The maximum number of colors in any sign is three. 2. Unless otherwise stated in a specific district, neon signs shall not be permitted. 3. Unless otherwise stated in a specific district, internal illumination of a sign is not permitted. 4. Animated signs are not permitted.	1. The maximum number of colors in any sign is three. 2. Unless otherwise stated in a specific district, neon signs shall not be permitted. 3. Unless otherwise stated in a specific district, internal illumination of a sign is not permitted. 4. Changeable copy signs are not permitted. 5. Animated signs are not permitted.
Freestandin g Signs A.Residential 1	1. Permitted with no commercial message. 2. Maximum size is 4 square feet.	1. NA	1. NA	1. NA

Village Zoning Districts
Sign Type	VRD	VBD	VSD	VID
B. Incidental 2	1. Not permitted.	1. Permitted with no commercial message. 2. Maximum size is (4) square feet (not subject to maximum sign area.) 3. Maximum height is 4 feet. 4. Maximum number is 2 per zone lot.	1. Permitted with no commercial message. 2. Maximum size is (4) square feet. 3. Maximum height is 4 feet. 4. Maximum number is 2 per zone lot.	1. Permitted with no commercial message. 2. Maximum size is (4) square feet. 3. Maximum height is 4 feet. 4. Maximum number is 2 per zone lot.
C.Freestanding	1. Not permitted.	1. Permitted. 2. Maximum size is (12) square feet. 3. Maximum height is 8 feet. 4. Maximum number is one per zone lot.	1. Permitted. 2. Maximum size is (12) square feet. 3. Maximum height is 10 feet. 4. Maximum number is one per zone lot. 5. Monument signs are encouraged and should be developed as part of an overall landscape concept.	1. Permitted. 2. Maximum size is (12) square feet. 3. Maximum height is 10 feet. 4. Maximum number is one per zone lot. 5. Monument signs are encouraged and should be developed as part of an overall landscape concept.
Building Signs A. Building Marker 3	1. Permitted. 2. Maximum size is (6) square feet. 3. Must be cut or etched into stone, masonry bronze or similar material.	1. Permitted. 2. Maximum size is (6) square feet. 3. Must be cut or etched into stone, masonry bronze or similar material.	1. Permitted. 2. Maximum size is (6) square feet. 3. Must be cut or etched into stone, masonry bronze or similar material.	1. Permitted. 2. Maximum size is (6) square feet. 3. Must be cut or etched into stone, masonry bronze or similar material.
B. Canopy	1. Not permitted.	1. Permitted. 2. Limited to valance face only. 3. The maximum number is one per zone lot. 4. Maximum number of colors is one in addition to the canopy color.	1. Not permitted.	1. Not permitted.
C.Identification4	1. Permitted. 2. Only name and address permitted. 3. Maximum size is to be 4 square feet.	1. Permitted. 2. Only name and address permitted. 3. Maximum size is to be 4 square feet.	1. Permitted. 2. Only name and address permitted. 3. Maximum size is to be 4 square feet.	1. Permitted. 2. Only one sign per building elevation will be permitted. 3. Must be incorporated into building architecture. 4. Maximum size of sign is to be 20 square feet. 5. Maximum height of letter or character is to be 12 inches.

Village Zoning Districts
Sign Type	VRD	VBD	VSD	VID
D. Marquee 5	1. Not permitted.	1. Not permitted.	1. Not permitted.	1. Not permitted.
E. Projecting 5	1. Not permitted.	1. Permitted. 2. Maximum size is (10) square feet. 3. Maximum number is one per zone lot. 4. Maximum height is 14 feet.	1. Not permitted.	1. Not permitted.
F. Wall Sign	1. Not permitted.	1. Permitted. 2. Maximum size is (1.5) square feet/lineal foot of frontage. 3. Maximum number is one per building. 4. Wall signs must be incorporated into the architecture of the building.	1. Not permitted.	1. Not permitted.
G. Window Signs	1. Not permitted.	1. Window signs are permitted. 2. Window signs shall not exceed 15% of the window area and in no case exceed 8 square feet. 3. Neon window signs may be permitted if they are considered artful and identify the business enterprise and do not exceed 4 square feet. 4. Neon window signs, which advertise products sold by a business or services given are not permitted.	1. Not permitted.	1. Not permitted.

Village Zoning Districts
Sign Type	VRD	VBD	VSD	VID
H. Sidewalk Signs	1. Not permitted.	1. Permitted. 2. Maximum size will be four feet in height and two feet in width. 3. Maximum number will be one per building. 4. Locations must be approved by GPC and are not permitted to obstruct pedestrian movements along public walkways, parking or otherwise obstruct public rights-of- way. 5. The signs must be made of a permanent weather proof material such as painted wood or metal. 6. Must be removed and secured indoors during non- business hours.	1. Not permitted.	1. Not permitted.

Suburban Business and Village Gateway Districts

Sign Type	SBD	VGD
General Provisions	1. The maximum number of colors in any sign is three. 2. Unless otherwise stated in a specific district, neon signs shall not be permitted. 3. Unless otherwise stated in a specific district, internal illumination of a sign is not permitted. 4. The maximum total square footage of all signs on any zone lot will be calculated as 1 square foot of signage per 100 square feet of gross lease area. 5. Changeable copy signs are not permitted. 6. Animated signs are not permitted.	1. The maximum number of colors in any sign is three, excluding white. 2. Neon signs shall not be permitted, unless otherwise stated. 3. Internal illumination of a sign is not permitted. 4. The external lighting for signage is to be approved by Planning Commission. Externally illuminated signs shall comply with the following requirements: • Top mounted lights fixtures shall be preferred; and shall be shielded. • When top mounted fixtures are not feasible, illumination from other positioned light sources shall be restricted to the sign area. 5. The maximum total square footage of all signs on any zone lot will be calculated as 1 square foot of signage per 100 square feet of gross lease areas. 6. Changeable copy signs are not permitted. 7. Animated signs are not permitted. 8. Signs made of natural materials are encouraged and should be incorporated into the architecture of the building.
Freestanding Signs A. Residential 6	1. Permitted with no commercial message. 2. Maximum size is 4 square feet.	1. Permitted with no commercial message. 2. Maximum size is 4 square feet.
B. Incidental 7	1. Permitted with no commercial message. 2. Maximum size is 4 square feet. 3. Maximum height is 4 feet. 4. Maximum number is 4 per zone lot.	1. Permitted with no commercial message. 2. Maximum size is 4 square feet. 3. Maximum height is 4 feet. 4. Maximum number is 4 per zone lot.
C. Freestanding	1. Permitted. 2. Maximum size is 18 square feet. 3. Maximum height is 10 feet. 4. Maximum number is one per zone lot. 5. Monument signs are encouraged and should be developed as part of an overall landscape concept.	1. Permitted. 2. Maximum size is 24 square feet provided, however, that the maximum size for freestanding signs along Main Street and State Route 16 shall be 40 square feet. 3. Maximum height is 10 feet. 4. Maximum number is one per zone lot. 5. Monument signs are encouraged and should be developed as part of an overall landscape concept. 6. A freestanding sign may list multiple tenants.
Building Signs A. Building Marker 8	1. Permitted. 2. Maximum size is 6 square feet. 3. Must be cut or etched into stone, masonry bronze or similar material.	1. Permitted. 2. Maximum size is 6 square feet. 3. Must be cut or etched into stone, masonry bronze or similar material.

Sign Type	SBD	VGD
B. Canopy	1. Permitted. 2. Maximum size is 6 square feet or 25% of the surface area of the canopy, whichever is less. Sign is limited to valance face only. 3. The maximum number is one per business. 4. Maximum number of colors is one in addition to the canopy color.	1. Permitted. 2. Maximum size is 6 square feet of 25% of the surface area of the canopy, whichever is less. Sign is limited to valance face only. 3. The maximum number is one per business. 4. Maximum number of colors is one in addition to the canopy color.
C. Identification 9	1. Permitted. 2. Only name and address permitted. 3. Maximum size is to be 4 square feet.	1. Permitted. 2. Only name and address permitted. 3. Maximum size is to be 4 square feet.
D. Marquee 10	1. Not permitted.	1. Not permitted.
E. Projecting or Suspended 5	1. Permitted. 2. Maximum size is 10 square feet. 3. Maximum number is one per business. 4. Maximum height is 14 feet.	1. Permitted. 2. Maximum size is 10 square feet. 3. Maximum number is one per business. 4. Maximum height is 14 feet.
F. Wall Sign	1.Permitted. 2. Maximum size is 1.5 square feet/lineal feet of building frontage. 3. Maximum number is one per building. 4. Building signs are not permitted.	1.Permitted. 2. Maximum size is 1 square feet per 1.5 lineal feet of building frontage per tenant. 3. Maximum number is one per building. However, a building with multiple street frontages shall be allowed one sign per tenant on each side facing a public street. 4. Building signs must be incorporated into the architecture of the building. 5. A building with multiple tenants shall be required to submit a master sign plan for the entire building. Such master sign plan shall show consistency of all signage related to size, colors and location.
G. Window Signs	1. Window signs are permitted in the first floor windows only. 2. Window signs shall not exceed 15% of the window area and in no case exceed 8 square feet.	1. Window signs are permitted in the first floor windows only. 2. Window signs shall not exceed 15% of the window area and in no case exceed 8 square feet.
H. Sidewalk Signs	1. Permitted with GPC variance only.	1. Not permitted
I. Deviations	1. None	1. A deviation from these sign regulations may be approved by the Planning Commission where appropriate to the integrity of the development plan.

Planned Industrial, Planned Commercial and Community Service Districts

Village Zoning Districts
Sign Type	PID	PCD	CSD
General Provisions	1. The maximum number of colors in any sign is three. 2. Unless otherwise stated in a specific district, neon signs shall not be permitted. 3. Unless otherwise stated in a specific district, internal illumination of a sign is not permitted. 4. The maximum total square footage of all signs on any zone lot is 12 square feet. 5. Changeable copy signs are not permitted. 6. Animated signs are not permitted.	1. The maximum number of colors in any sign is three. 2. Unless otherwise stated in a specific district, neon signs shall not be permitted. 3. Unless otherwise stated in a specific district, internal illumination of a sign is not permitted. 4. The maximum total square footage of all signs on any zone lot will be calculated as 1 square foot of signage per 100 square feet of gross lease area. 5. Changeable copy signs are not permitted. 6. Animated signs are not permitted.	1. The maximum number of colors in any sign is three. 2. Unless otherwise stated in a specific district, neon signs shall not be permitted. 3. Unless otherwise stated in a specific district, internal illumination of a sign is not permitted. 4. The maximum total square footage of all signs(not otherwise limited in this section) on any zone lot will be calculated as 1 square foot of signage per 100 square feet of gross lease area. 5. Changeable copy signs are not permitted. 6. Animated signs are not permitted.
Freestanding Signs A.Residential6	1. Not applicable.	1. Permitted with no commercial message. 2. Maximum size is (4) square feet.	1. Not applicable.
B. Incidental 7	1. Not permitted.	1. Permitted with no commercial message. 2. Maximum size is (4) square feet. 3. Maximum height is 4 feet. 4. Maximum number is 4 per zone lot.	1. Permitted with no commercial message. 2. Maximum size is (4) square feet. 3. Maximum height is 4 feet. 4. Maximum number is 4 per zone lot.

Village Zoning Districts
Sign Type	PID	PCD	CSD
C.Freestanding	1. Not permitted.	1. Permitted. 2. Maximum size is (18) square feet. 3. Maximum height is 10 feet. 4. Maximum number is one per zone lot.	1. Permitted. 2. Maximum size is (24) square feet. 3. Maximum height is 10 feet. 4. Maximum number is one per zone lot. 5. Monument signs are encouraged and should be developed as part of an overall landscape concept. 6. Freestanding signs may display a maximum of three tenants.
Building Signs A. Building Marker 8	1. Permitted. 2. Maximum size is (6) square feet. 3. Must be cut or etched into stone, masonry bronze or similar material.	1. Permitted. 2. Maximum size is (6) square feet. 3. Must be cut or etched into stone, masonry bronze or similar material.	1. Permitted. 2. Maximum size is (6) square feet. 3. Must be cut or etched into stone, masonry bronze or similar material.
B. Canopy	1. Not permitted.	1. Permitted. 2. Maximum size is (6) square feet or 25% of the surface area of the canopy, whichever is less. Sign is limited to valance face only. 3. The maximum number is one per business. 4. Maximum number of colors is one in addition to the canopy color.	1. Permitted. 2. Maximum size is (6) square feet or 25% of the surface area of the canopy, whichever is less. Sign is limited to valance face only. 3. The maximum number is one per business. 4. Maximum number of colors is one in addition to the canopy color.
C.Identification9	1. Permitted. 2. Only name and address permitted. 3. Maximum size is to be 4 square feet.	1. Permitted. 2. Only name and address permitted. 3. Maximum size is to be 4 square feet.	1. Permitted. 2. Only name and address permitted. 3. Maximum size is to be 4 square feet.
D. Marquee 10	1. Not permitted.	1. Not permitted.	1. Permitted. 2. Maximum size is to be 48 square feet. 3. Changeable copy is permitted. 4. Artful application of neon may be permitted.

Village Zoning Districts
Sign Type	PID	PCD	CSD
E. Projecting or Suspended 5	1. Not permitted.	1. Permitted. 2. Maximum size is (10) square feet. 3. Maximum number is one per business. 4. Maximum height is 14 feet.	1. Permitted. 2. Maximum size is (10) square feet. 3. Maximum number is one per business. 4. Maximum height is 14 feet.
F. Wall Sign	1.Permitted. 2. Maximum size is (1.5) square feet/lineal feet of building frontage. 3. Maximum number is one per building. 4. Building signs must be incorporated into the architecture of the building.	1.Permitted. 2. Maximum size is (1.5) square feet/lineal feet of building frontage. 3. Maximum number is one per building. 4. Building signs must be incorporated into the architecture of the building.	1.Permitted. 2. Maximum size is (1.5) square feet/lineal feet of building frontage. 3. Maximum number is one per building. 4. Building signs must be incorporated into the architecture of the building.
G. Window Signs	1. Not permitted.	1. Window signs are permitted in the first floor windows only. 2. Window signs shall not exceed 15% of the window area and in no case exceed 8 square feet. 3.Neon window signs may be permitted if they are considered artful and used to identify the business enterprise and do not exceed 4 square feet. 4. Neon window signs, which advertise products sold by a business, or services given are not permitted.	1. Window signs are permitted in the first floor windows only. 2. Window signs shall not exceed 15% of the window area and in no case exceed 8 square feet. 3.Neon window signs may be permitted if they are considered artful and used to identify the business enterprise and do not exceed 4 square feet. 4. Neon window signs, which advertise products sold by a business, or services given are not permitted.
H. Sidewalk Signs	1. Not permitted.	1. Permitted with GPC variance only.	1. Not permitted.

Planned Unit Development, Suburban Residential

Village Zoning Districts
Sign Type	PUD	SRD
General Provisions	1. The maximum number of colors in any sign is three. 2. Unless otherwise stated per district, neon signs shall not be permitted. 3. Unless otherwise stated per district, internal illumination of a sign is not permitted. 4. The maximum total square footage of all signs on any zone lot will be calculated as 1 square foot of signage per 400 square feet of gross lease area. 5. Changeable copy signs are not permitted. 6. Animated signs are not permitted.	1. The maximum number of colors in any sign is three. 2. Unless otherwise stated per district, neon signs shall not be permitted. 3. Unless otherwise stated per district, internal illumination of a sign is not permitted. 4. The maximum total square footage of all signs on any zone lot is 6 square feet. 5. Changeable copy signs are not permitted. 6. Animated signs are not permitted.
Freestanding Signs A. Residential 11	1. Permitted with no commercial message. 2. Maximum size is 4 square feet.	1. Permitted with no commercial message. 2. Maximum size is 4 square feet.
B. Incidental 12	1. Permitted with no commercial message. 2. Maximum size is 4 square feet. 3. Maximum height is 4 feet. 4. Maximum number is 2 per zone lot.	1. Not permitted.

Village Zoning Districts
Sign Type	PUD	SRD
C. Freestanding	1. Permitted. 2. Maximum size is 18 square feet. 3. Maximum height is 8 feet. 4. Maximum number is one per zone lot. 5. Monument signs are encouraged and should be developed as part of an overall landscape concept.	1. Not permitted.
Building Signs A.Building Marker13	1. Permitted. 2. Maximum size is 4 square feet. 3. Must be cut or etched into stone, masonry bronze or similar material.	1. Permitted. 2. Maximum size is 4 square feet. 3. Must be cut or etched into stone, masonry bronze or similar material.
B. Canopy	1. Not permitted.	1. Not permitted.
C. Identification 14	1. Permitted. 2. Only name and address permitted. 3. Maximum size is to be (4) square feet.	1. Permitted. 2. Only name and address permitted. 3. Maximum size is to be (4) square feet.
D. Marquee 15	1. Not permitted.	1. Not permitted.
E. Projecting or Suspended 5	1. Not permitted.	1. Not permitted.
F. Wall Sign	1. Not permitted.	1. Not permitted.
G. Window Signs	1. Not permitted.	1. Not permitted.
H. Sidewalk Signs	1. Not permitted.	1. Not permitted.

(Ord. 11-2013. Passed 7-17-13; Ord. 08-2019. Passed 3-20-19.)

NOTES:

1. No commercial message allowed on sign, except for a commercial message drawing attention to an activity legally offered on the premises.

2. No commercial message of any kind allowed on sign if such message is legible from any location off the zone lot on which the sign is located.

3. May include only building name, date of construct, historic data on historic site; must be cut or etched into masonry, bronze or similar material.

4. Only address and name of occupant allowed on sign.

5. If such sign is suspended or projects are above a public right of way; the issuance and continuation of a sign permit shall be condition on the sign owner obtaining and maintaining in force liability insurance for such a sign in such amount as the Village Council may reasonably from time to time determine, provided that the amount of such liability insurance shall be at least $500,000 per occurrence per sign.

6. No commercial message allowed on sign, except for a commercial message drawing attention to an activity legally offered on the premises.

7. No commercial message of any kind allowed on sign if such message is legible from any location off the zone lot on which the sign is located.

8. May include only building name, date of construct, historical data on historic site; must be cut or etched into masonry, bronze or similar material.

9. Only address and name of occupant allowed on sign.

10. If such sign is suspended or projects are above a public right of way; the issuance and continuation of a sign permit shall be conditioned on the sign owner obtaining and maintaining in force liability insurance for such a sign in such amount as the Village Council may reasonably from time to time determine.

11. No commercial message allowed on sign, except for a commercial message drawing attention to an activity legally offered on the premises.

12. No commercial message of any kind allowed on sign, if such message is legible from any location off the zone lot on which the sign is located.

13. May include only building name, date of construction, historical data on historic site; must be cut or etched into masonry, bronze or similar material.

14. Only address and name of occupant allowed on sign.

15. If such sign is suspended or projects are above a public right of way; the issuance and continuation of a sign permit shall be condition on the sign owner obtaining and maintaining in force liability insurance for such a sign in such amount as the Village Council may reasonably from time to time determine provided that the amount of such liability insurance shall be at least $500,000 per occurrence per sign.

(Ord. 17-01. Passed 10-4-01.)

1189.06 PERMITS REQUIRED.

(a) Unless otherwise stated herein, all proposed or modified signs shall require a permit from the Village Planner, and shall be reviewed by the Village Planner, or Planning Commission (if located within the Architectural Review Overlay District) or BZBA (if a variance is required) (see Section 1189.01).. If a sign requiring a permit under the provision of this chapter is to be placed, constructed, erected, or modified on a zone lot, the owner of the lot shall secure a sign permit prior to the construction, placement, erection, or modification of such a sign in accordance with the requirements of Section 1189.13.

(b) No signs shall be erected in the public right of way in accordance with Section 1189.09 and the permit requirements of Section 1189.05 unless approved by the Village Council or Village Manager. (Ord. 11-2013. Passed 7-17-13.)

1189.07 DESIGN, CONSTRUCTION AND MAINTENANCE.

All signs shall be designed, constructed and maintained in accordance with the following standards:

(a) All signs shall comply with applicable provisions of the Basic Ohio Building Code and Electrical Code of the Village at all times.

(b) Except for flags, temporary signs, and window signs conforming in all respects with the requirements of this chapter, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure.

(c) All signs shall be maintained in good structural condition and in good repair in compliance with all Building and Electrical Codes, and in conformance with this code, at all times.

(d) Signs must be neat and clean so as not to appear damaged, unappealing, or unnecessarily worn. (Ord. 17-01. Passed 10-4-01.)

1189.08 SIGNS IN THE PUBLIC RIGHT OF WAY.

No signs shall be allowed in the public right of way except for the following (unless otherwise approved by the GPC):

(a) Permanent Signs. Permanent signs including:

(1) Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic.

(2) Bus stop signs erected by a public transit company.

(3) Informational signs of a public utility regarding its poles, lines, pipes or facilities.

(4) Awning, projecting and suspended signs projecting over a public right of way and in conformity with the conditions of Table 1189B of this chapter.

(5) Signs of civic organizations or special events posted on the community sign or on the village entrance signs.

(6) Sandwich board signs as approved by the GPC.

(b) Temporary Signs. Temporary signs meeting the requirements for placement in the public right of way as set forth in 1189.09 . (Ord. 17-01. Passed 10-4-01.)

1189.09 TEMPORARY SIGNS.

(a) A permit for a temporary sign may be issued by the Village Planner following review and approval of a temporary sign application and may be for the period of time indicated in (b) below.

(b) A temporary sign permit shall be issued only for signs meeting the following requirements:

(1) Development Sign. A temporary development sign advertising the sale of platted lots in a subdivision provided that not more than one such sign may be permitted whether such sign is at the entrance to the subdivision or within the subdivision. Any such sign may also be utilized to advertise the sale or lease of multi-family units, or store or office space in commercial developments. Such signs shall be limited to a maximum area of thirty-two square feet when located on parcels of two acres or more and a maximum area of eight square feet when located on parcels of less than two acres. Other limitations shall include a maximum height of ten feet, and a minimum setback of fifteen feet from established rights of way, unless there is no land between the right of way and the facade of the structure, in which case the sign must not be a safety hazard and must be located at the closest point to the structure. The sign permit shall be for a one-year period.

(2) Sign Promoting Non-Commercial Campaign or Event. A sign for the promotion of a school, church, or community campaign or event of a non-commercial purpose. The sign may not be displayed for more than 60 days in any 12 month period. The sign may not exceed thirty-two (32) square feet per side.

(3) Temporary Sign for Business. When there is a legitimate delay, as determined by the Village Planner, in the construction or preparation of a permanent sign for a business, a temporary sign may be displayed for a period of 90 days or until the new sign is erected, whichever is less. Such sign shall be proportional in scale to the frontage of the building, but in any case shall not exceed thirty-two (32) square feet.

(4) Grand Opening Banner. A grand opening banner is permitted to call attention to a new business or institutional use and is allowed in any zone in which the commercial, industrial, or institutional use is permitted. Maximum size is thirty-two (32) square feet. The banner shall not be displayed for more than fifteen (15) days. Only one grand opening banner shall be allowed per street frontage for the business or use. The banner must be securely fastened to the building and may not project above the roofline or interfere with access for the building,

(5) Going Out Of Business Signs. A going out of business banner is permitted for any zone in which a commercial, industrial, or institutional use is permitted. Maximum size is thirty-two (32) square feet. The banner shall not be displayed for more than sixty (60) days. Only one going out of business banner shall be allowed per street frontage for the business or use. The banner must be securely fastened to the building and may not project above the roofline or interfere with access for the building.

(c) A temporary sign that is approved pursuant to this section may only be displayed on the premises to which the sign is applicable. Unless otherwise specifically authorized by these regulations or by the Village Planner, only one temporary sign may be displayed per business at any time.

(d) All temporary signs approved pursuant to this section shall be non-illuminated, shall be constructed of a durable material, and shall be professional in appearance. As used in this section, professional appearance means, at minimum, that the sign is designed or manufactured by a graphic artist or sign company or is computer-generated. There shall be no limitation in the number of colors for a temporary sign, but the specific colors to be used in the sign shall be approved by the Village Planner. The use of fluorescent, day-glo, and neon colors is prohibited.

(e) Temporary signs shall not be attached to trees or utility poles or placed in a position that would obstruct or impair traffic or in any manner create a hazard or disturbance to the health, safety, or welfare of the public. If placed on the side of a property where there is a sidewalk, the sign shall be located on the back side of the sidewalk (that is, on the opposite side of the sidewalk from the roadway). If placed on the side of a property where there is no sidewalk, the sign shall be located at least eight feet from the edge of the roadway. (Ord. 11-2013. Passed 7-17-13.)

1189.10 SIGNS EXEMPT FROM REGULATION UNDER THIS CHAPTER.

(a) The following signs shall be exempt from regulation under this chapter, except as provided in this section:

(1) Signs erected by or pursuant to the authorization of a governmental body, including legal notices, warning notices, traffic signs, directional signs, informational signs or regulatory signs.

(2) Signs that are customarily associated with residential uses and that are not of a commercial nature, including the name and address of occupants, signs on mailboxes, or paper tubes, etc. (Limited to an area

of four square feet or less.)

(3) Official signs of a noncommercial nature erected by public utilities to identify line or facility locations or to advise or warn the public.

(4) Flags of any governmental or nonprofit organization provided:

A. That such flags are not being displayed in conjunction with a commercial promotion or as an advertising device;

B. That not more than three such flags are being displayed at the same time;

C. That any such flag does not exceed 60 square feet in area; and

D. That any such flag flown from a standard flag pole attached to a building, with the height of the pole not to exceed 15 feet above ground level; or from a freestanding standard flag pole not to exceed a height of 25 feet above ground level. Mini flags typically displayed during government holidays shall be exempted.

(5) Any sign inside a building, provided that the sign is not attached to a window or door and that the sign is not legible from the lot line of the zone lot or parcel on which such sign is located. For the purposes of this section, a sign that rests against a window, a sign that is separated from the window by a bumper pad, or a sign that is placed within two inches of the window through the use of a hanging device, shall be considered to be attached to the window. Any sign that is considered to be attached to a window shall be regulated by the provisions contained in Section 1189.05 .

(6) Works of art that do not include a commercial message.

(7) Holiday lights and decorations with no commercial message, but only if erected no earlier than forty-five (45) days before the holiday and removed within fourteen (14) days after the holiday.

(8) Signs that are posted upon property to guide or direct traffic, to identify restricted or public parking areas, or to warn the public against trespassing or danger from animals. The signs shall not contain any commercial advertising. However, entrance or exit signs are only permitted when the driveway is not obvious or otherwise identifiable with a particular business or activity. Entrance and exit signs, directional signs, and parking area signs shall require a permit to assure that the style, size, and location are consistent with the requirements of this Article. (Limited to an area of four square feet.)

(9) Signs painted on or otherwise attached to a vehicle regularly operated in the pursuance of a day-to-day business or activity of an enterprise, provided that the vehicle is not parked in a location that is visible to the public and for a period of time that indicates that the purpose of locating the vehicle in that location is principally for advertising rather than transport.

(10) Signs that are not visible from public streets or legible from adjacent properties.

(11) Signs authorized by the Village Manager to be placed on the banner poles located in the median of West Broadway. Individual banners shall not exceed thirty (30) square feet and shall meet other requirements established by the Village Manager.

(12) Signs authorized by the Village Manager on any governmental property.

(13) Any murals painted on a building wall and of a non-commercial nature.

(b) The following temporary signs shall be exempt from regulation under this chapter provided each such sign satisfies the requirements set forth in subsection hereof:

(1) Temporary for sale, rental or lease signs.

(2) Political signs and signs or posters indicating candidates or issues on the public ballot.

(3) Temporary Contractor Signs. Signs announcing the names of contractors for any short term or temporary work such as home improvements, new construction, remodeling and the like is permitted during the actual construction period, provided that such signs shall be located only on the parcel of land being developed, not in the public right-of-way.

(c) Unless otherwise provided, all temporary signs referred to in subsection (b) hereof shall be limited to not more than six square feet in sign area. Any such temporary sign shall be removed or replaced after thirty days if the sign has become damaged or has deteriorated, by the weather or otherwise, to the point where the sign cannot be read from the street or the sign has or appears to have become detached, in whole or in part, from its sign posts or supporting structure. All such temporary signs shall be removed within ten days after the property to which the sign relates has been sold, rented, or leased, or the promotion, activity, or election to which the sign relates has been conducted. Signs referred to in subsection (b) hereof, if placed on roadways with sidewalks, shall be placed on the opposite side of the sidewalk from the roadway. In the case of roadways with no sidewalks, the signs shall be located no closer than eight (8) feet from the edge of the road. In no case shall any of the signs referred to in this subsection constitute a safety hazard. (Ord. 11-2013. Passed 7-17-13.)

1189.11 SIGNS PROHIBITED UNDER THIS CHAPTER.

All signs not expressly permitted under this chapter or exempt from regulation in accordance with the previous section are prohibited in the Village. Such signs include, but are not limited to:

(a) Beacons.

(b) Banners.

(d) Strings of lights not permanently mounted to a rigid background, except holiday lights exempted under the previous section.

(e) Inflatable signs and tethered balloons.

(f) Portable signs with internal illumination and changeable copy.

(g) Any sign that, by reason of size, location, shape, content, coloring, or manner of illumination, constitutes a traffic hazard or a detriment to traffic safety. Any sign that substantially interferes with the view necessary for motorists to proceed safely through intersections, or to enter onto or exit from public streets, private roads, or driveways. Any sign that obstructs the view of any authorized traffic sign, signal, or device.

(h) Any sign that uses the words "STOP", "SLOW", "CAUTION", "DANGER", or otherwise has a design, color, shape, size, or location that could cause it to be confused with official traffic signs or other signs erected by governmental agencies.

(i) Any sign that revolves, or is animated, or that utilizes movement or apparent movement to attract the attention of the public. This prohibition shall include, but not be limited to, propellers, discs, banners, pennants, streamers, animated display boards, balloons.

(j) Any sign with lights that flash, move, rotate, or flicker.

(k) Any sign that is placed on or affixed to a vehicle or trailer and that is parked in a location that is visible to the public and for a period of time that indicates that the purpose of locating the vehicle in that location is principally for advertising rather than transport.

(l) Any sign that is located within any public right-of-way, except publicly-owned or publicly-authorized signs (for example, traffic control signs and directional signs); or any sign (other than a publicly-owned or publicly-authorized sign) that is attached, affixed, or painted on any utility pole, light standard, tree, rock, or other natural feature. This prohibition shall not apply to subdivision signs that are authorized to be placed in the landscaped median of a public or private street.

(m) Any roof signs or signs that extend above the roof line of a building.

(n) Any painted advertising on a building wall or roof, excepting murals of a non-commercial nature, as exempted under the previous section.

(o) Any sign that identifies or advertises an activity, business, product, or service that is no longer in existence, sold, produced, etc.

(p) Any illuminated tubing or strings of lights outlining property lines, open sales areas, rooflines, doors, windows, edges of walls, trees, or other landscaping. This prohibition shall not apply to holiday lighting.

(q) Any sign that exhibits statements, words, or pictures of an indecent, obscene, or pornographic nature.

(r) Any sign that obstructs or interferes with any window, door, sidewalk, or fire escape.

(s) Any searchlights or beacons.

(t) Any abandoned sign or any sign that advertises a business or product no longer existing or sold on the premises. Whenever a business is discontinued all signs shall be removed within six (6) months. A sign that advertises a business, enterprise, or other activity that is closed for the off-season, not to exceed 270 consecutive days, shall not be considered an abandoned sign.

(u) Any sign that communicates a commercial message about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists, or is conducted, sold, offered, maintained, or provided at a location other than the premises where the sign is located.

(v) Any sign or sign structure that is structurally unsafe.

(w) Any sign that incorporates a television screen, a computer screen, electronic images, or electronic characters, except those within a window display that advertise the business enterprise or products sold on the premises. Such screens, electronic images or electronic characters shall not exceed one per storefront, nor exceed a forty-two (42) inch diagonal screen size, and shall not include scrolling text, images or characters. (Ord. 11-2013. Passed 7-17-13.)

1189.12 VARIANCES FROM SIGN REQUIREMENTS.

Notwithstanding any other chapter or section of the Codified Ordinances to the contrary, any application submitted under this chapter which requests a variance to allow deviation from the strict interpretation of the regulations established by this chapter shall be heard by the Board of Zoning and Building Appeals (i.e., notwithstanding the purpose in Section 1147.01 ). A variance may be considered by the BZBA for the relocation of existing locally significant and/or historical signs that contribute to the character of the community.

(a) Application. Separate and additional application for a variance under Chapter 1147 is required. The application shall clearly indicate the applicant is seeking a variance to allow deviation from the strict interpretation of the requirements established by this chapter.

(b) Fee. Reference the Village of Granville Zoning Fee schedule for applicable variance fees.

(c) Criteria. In considering a request for a variance, the Board of Zoning and Building Appeals shall, in addition to the criteria and requirements established by this chapter, apply the criteria set forth in Section 1147.03 to the extent those criteria are consistent with the criteria established by this chapter.

(d) Approval. Approval of an application under this Chapter shall be deemed an approval for any variance requests necessary to such approval. In these instances, however, where the granting or denial of an application is based upon the granting or denial of a variance request, the Board of Zoning and Building Appeals shall separately set forth its findings of fact, conclusions and reasoning relative to its determination. (Ord. 11-2013. Passed 7-17-13.)

1189.13 GENERAL PERMIT PROCEDURES.

The following procedures shall govern the application for, and the issuance of, all sign permits under this chapter, and the submission and review of a Master or Common Signage Plan.

(a) Applications. All applications for the sign permits of any kind and for approval of a Master Signage Plan shall be submitted to the Village Planner on an application form with the application specifications and materials as published by the Planning and Zoning Office.

(b) Fees. Each application for a sign permit or for approval of a Master Signage Plan shall be accompanied by the applicable fees, which shall be established by the Village Council from time to time by ordinance.

(c) Completeness. Within seven days of receiving an application for a sign permit or a Master Signage Plan, the Village Planner shall review it for completeness. If the Planner finds that it is complete, the applications shall then be processed. If the Planner finds it incomplete, the Planner shall, within such seven-day period, send the applicant a notice of the specific ways in which the application is deficient, with appropriate reference to the applicable sections of this chapter.

(d) Submission Requirements. The following materials must be included with the completed application forms. Examples are available from the Planning and Zoning Office.

(1) Site plan. A site plan drawn to an appropriate scale which shows the proposed location of the sign as well as all other significant site features such as rights of way, topography, existing vegetation, and adjacent buildings and properties which may be affected by the proposal.

(2) Elevation. An elevation of the proposed sign and its mounting system that includes an accurate rendering of the proposed graphic design, typography, color, and materials used for construction. For window, wall or building signs this drawing should include a complete elevation of the building face on which the sign will be attached.

(e) Action. After processing a complete application, the Village Planner will submit the application to the Planning Commission for review at its next available meeting. This review will be scheduled as the Planning Commission agenda will allow, but action must be taken within forty-five days of the acceptance of the completed application, unless the applicant requests a delay.

(f) Appeal. Any party aggrieved or affected by a decision of the Planning Commission involving a sign application may appeal to Council. The appeal shall follow the procedures established in Chapter 1137 . Such appeal shall be submitted to the Village Clerk no later than ten days after the decision of the Commission is filed with the Village Clerk or sent to the applicant by personal service or ordinary mail, postage prepaid, return receipt requested, whichever shall last occur.

(Ord. 17-2012. Passed 8-1-12.)

1189.14 TIME OF COMPLIANCE: NONCONFORMING SIGNS AND SIGNS WITHOUT PERMITS.

Any previously legally existing sign, but which by reason of its size, height, location, design, construction, or erection is not in conformance with the requirements of this chapter, shall be considered a Nonconforming Sign.

Nonconforming signs must be brought into compliance with the requirements of this Section when any proposed change to sign face would be undertaken. This would include, but not be limited to changes in the message, typography, graphic design, sign material or mounting system, excluding the required maintenance necessary to keep the sign in good repair in its existing condition.

In no way shall this Section (or Section 1189.15 Violations) be interpreted to mean that the general repair and maintenance of nonconforming signs is prohibited. It is the intent that such signs are permitted to be maintained as long as it is not replaced or the design, logo or content is not altered.

(Ord. 17-01. Passed 10-4-01.)

1189.15 VIOLATIONS.

Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by this chapter, the Zoning Ordinance and by State Law:

(a) To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone lot on which the sign is located.

(b) To install, create, construct, or maintain any sign requiring a permit without such permit.

(c) To fail to remove any sign that is installed, created, erected, or maintained in violation of this chapter, or for which the sign permit has lapsed.

(d) To continue any such violation. Each day of continued violation shall be considered a separate violation when applying the penalty portions of this chapter.

(e) Where signs are not in keeping with the provisions of this chapter, signs may be removed at any time as deemed by the Village. Section 1137.07, Violations and Remedies, shall also apply.

(Ordinance 17-01. Passed 10-4-01).

1191.01 PURPOSE AND INTENT.

(a) The purpose of Sections 1191.01 through 1191.07 is to regulate the placement, construction, and modification of satellite dish antennae, communication towers and wireless communication facilities to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of a competitive wireless communications marketplace in the Village.

(b) The Village's intent is to encourage wireless communications service providers that seek to further the following Village priorities:

(1) Co-locate on/with other existing towers/structures/facilities or locate on existing structures.

(2) Require new towers and other related structures to accommodate multiple users wherever practicable.

(3) Locate towers in the least obtrusive locations and manner using present and evolving technology.

(4) Minimize adverse impacts on health, safety and public welfare, and minimize visual impacts through co-location, siting, design, and construction, while upholding the purposes and objectives of this chapter.

(Ord. 11-2018. Passed 10-3-18.)

1191.02 OBJECTIVES.

The following are the Village's objectives regarding wireless communication regulations:

(a) To comply with the Telecommunications Act of 1996, as amended, including any subsequent rules and/or rule interpretations by appropriate state and federal agencies and/or courts.

(b) To work proactively with wireless communications providers to ensure rapid and reliable deployment of their services/technologies, while minimizing negative effects on the Village.

(c) To ensure that the location of towers and wireless communications facilities in the Village provide appropriate wireless communication coverage consistent with these objectives.

(d) To allow, under certain conditions, appropriate Village-owned property and structures to be used for wireless communications facilities.

(e) To minimize adverse visual impacts of towers and wireless communications facilities through careful design, siting, landscaping, and innovative camouflaging techniques.

(f) To promote and encourage shared use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers.

(g) To ensure towers and wireless communications facilities are soundly and carefully designed, constructed, modified, maintained, and removed when no longer in use.

(h) To ensure to the maximum extent practicable that towers and wireless communications facilities are compatible with surrounding and nearby land uses.

(i) To ensure to the maximum extent practicable that proposed towers and wireless communications facilities are placed in locations that are designed to preserve adjacent natural settings and in a manner consistent with existing and planned development patterns.

(Ord. 11-2018. Passed 10-3-18.)

1191.03 APPLICABILITY.

(a) All towers, antenna support structures, and wireless communications facilities, any portions of which are located within the Village, are subject to Sections 1191.01 through 1191.07, unless such facilities are small cell facilities or wireless support structures located in the Village right-of-way, in which case Sections 1191.20 through 1191.29 of the Code shall apply. Nothing herein supersedes the applicability of Ohio Revised Code Section 4939 to small cell facilities and wireless support structures in the Village right-of-way. Underlying zoning district regulations and other provisions of the Code shall still apply to wireless communication facilities when not superseded by regulations within with Sections 1191.20 through 1191.29 of the Code, or §4939 of the Ohio Revised Code. Any wireless overlay zone shall not apply to small cell facilities and wireless support structures in the Village right-of-way. In the case of conflict with other provisions of the Code, with the exception of Sections 1191.20 through 1191.29 of the Code, the provisions of this Sections 1191.01 through 1191.07 shall control. Wireless communications facilities and antenna support structures shall be regulated and permitted pursuant to Sections 1191.01 through 1191.07 and shall not be interpreted, regulated, or permitted as essential services, public utilities, or private utilities.

(b) Except as provided in this chapter, any approved use of a nonconforming tower or antenna support structure on the effective date of this chapter shall be allowed to continue, even if in conflict with the terms of this chapter, but shall not be expanded, reconstructed, or modified unless in conformance with this chapter.

(c) Should any provision of this chapter conflict with any other provision of the Code, the strictest provision shall prevail.

(d) Sections 1191.01 through 1191.07 and the various sub-sections and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, clause, or word is adjudged unconstitutional or invalid for any reason, by any court of competent jurisdiction, the invalidity shall not affect the remaining portions or applications of this chapter which shall be given effect without the invalid portion or application, provided those remaining portions are not determined by the court to be invalid.

(Ord. 11-2018. Passed 10-3-18.)

1191.04 DEFINITIONS.

(a) General Use of Terms.

(1) The terms, phrases, words, and their derivations used in Sections 1191.01 through 1191.07 of this chapter shall have the meanings given in this section.

(2) When consistent with the context, words used in the present tense also include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number.

(3) All terms used in the definition of any other term shall have their meaning as otherwise defined in this section.

(4) The words "shall" and "will" are mandatory and "may" is permissive.

(5) Words not defined shall be given their common and ordinary meaning.

(b) Defined Terms. The definitions provided in this subsection shall apply for purposes of Sections 1191.01 through 1191.07:

(1) ANTENNA. Any transmitting or receiving device, including but not limited to satellite dish antennae, used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals, or other communication signals. All antennae are classified depending on size. Antennae which are one meter or less in diameter are defined as "small dish antennae." Antennae which are two meters or less in diameter, but greater than one meter, are defined as "large dish antennae."

(2) ANTENNA SUPPORT STRUCTURE. Any building or structure other than a communication tower which can be used for the location of wireless communications facilities.

(3) CO-LOCATION. The use of, or ability to use, a wireless communications facility or support structure by more than one wireless communications provider or more than one wireless antenna array.

(4) COMMUNICATION DISTRIBUTION SYSTEM. Includes broadcast antennae for cellular telephone, AM and FM, satellite, microwave and television systems.

(5) COMMUNICATION TOWER. Any structure thirty-five (35) feet or greater in height above grade, whether free standing or attached to an existing structure, that is designed and constructed primarily for the purpose of supporting one or more antennae for telephone, radio, and similar communication purposes, including but not limited to self-supporting lattice towers, guyed towers, monopole towers, radio and television transmission towers, and alternative tower structures. The term encompasses the structure and all necessary supports. Communication towers less than thirty-five (35) feet in height above grade shall be regulated as antennae under Section 1191.05 . Communication towers or installations regulated under Section 1191.07 (b) are not communication towers within the meaning of this section.

(6) SMALL CELL FACILITY. A wireless facility that meets both of the following requirements:

A. Each antenna is located inside an enclosure of not more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than six cubic feet in volume.

B. All other wireless equipment associated with the facility is cumulatively not more than twenty-eight (28) cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

(7) STEALTH. A wireless communications facility designed to appear as another natural or artificial object that exists in the surrounding environment or which is architecturally integrated into a building or other structure, and designed to be minimally obtrusive and to camouflage or conceal the presence of antennas or towers, at the determination of the required reviewing body.

(Ord. 11-2018. Passed 10-3-18.)

1191.05 ADMINISTRATION.

(a) Permit. As a consequence of the safety hazards created by the improper installation or construction of large systems or towers, the additional support often necessary with such systems and the hazards which may result from the placement of such systems in an otherwise open or unobstructed area, an installation permit issued by the Village Manager or the Manager's designee, shall be required for the erection of all large dish antennas, nonroof mounted small dish antenna and communication towers. An application for such a permit shall contain a scale drawing of the structure or installation, a plat plan showing the structure's proposed size and location in relation to any building, property lines, and rights-of-way, and all other information necessary to fully depict the proposed dish antenna or communication tower. All applications for large dish antenna, nonroof mounted small dish antenna, or communication tower installation permits shall be reviewed by the Zoning Inspector for compliance with these regulations. The following procedures all be used for all applications:

(1) An application shall be submitted to the Village Manager, or the Manager's designee, which shall be forwarded to the Zoning Inspector within three business days of receipt. The Zoning Inspector shall issue an installation permit within fourteen days of receipt of the application or issue a written finding to the applicant setting forth the reason or reasons why the application for a permit has been denied. The times set forth in this section may be extended upon written approval of the applicant or for fourteen days by the Zoning Inspector for good cause.

(2) The Zoning Inspector may approve, approve with modifications, or deny an application in accordance wit these regulations., No determination of the Zoning Inspector shall be final until issued in writing and served upon the applicant by ordinary mail to be delivered to the address set forth in the application.

(3) Any applicant aggrieved by the decision of the Zoning Inspector may appeal to the Board of Zoning and Building Appeals as set forth in Chapter 1139. Further appeal to Council is available and is governed by the procedures set forth in Chapter 1137.

(b) Fees. The permit fee shall be established by Council in accordance with Chapter 1305 of the Codified Ordinances

(c) Inspection and Maintenance. It shall be the responsibility of the Zoning Inspector, or the Zoning Inspector's designee, to administer and enforce these regulations. Any large dish antenna, nonroof mounted small dish antenna, or communication tower may be inspected at any time to determine its compliance with this chapter, applicable regulations and acceptable safety standards. All dish antennas, whether classified as large or small and regardless of the location or method of installation, and communication towers shall be kept in a state of safety and good repair. If violations are found, the Zoning Inspector shall notify the owner of the violations and of actions required for compliance. Failure to comply within thirty days, unless otherwise extended by the Zoning Inspector shall constitute a violation of this chapter, shall subject the owner of such dish antenna or communication tower to the penalty provided in Section 1137.08 and shall be grounds for the revocation of any permit issued and/or commencement of proceedings to cause removal of the dish antenna or communication tower at the owner's expense.

(Ord. 08-96. Passed 6-19-96; Ord. 11-2018. Passed 10-3-18.)

1191.06 DISH ANTENNAE OR OTHER ANTENNAE.

(a) General Regulations. The following provisions apply to dish antennae or other antennae located in all zoning districts. All dish antennae or other antennae shall:

(1) In the case of large dish antenna or nonroof mounted small dish antenna be located to the rear of or behind the principal building or structure and be within all building set-back lines;

(2) Be an accessory use subordinate to the principal use of the property;

(3) In the case of large dish antenna or nonroof mounted small dish antennae be mounted in a concrete base in line with grade utilizing only metal supports of galvanized construction without the use of supporting guy wires;

(4) In the case of large dish antenna and nonroof mounted small dish antenna be so situated on the property as to minimize view from adjacent property or public right-of-way to the fullest extent possible without materially limiting transmission or reception as contemplated by the 1996 Act and landscaped in such a manner that the density and height of plantings around the base of the system will minimize the risk of unintended or accidental contact by an individual who for whatever reason may pass through the area containing the system;

(5) In the case of large dish antenna and nonroof mounted small antenna be wired underground;

(6) Be properly maintained;

(7) Be designed to withstand a wind force of up to seventy miles per hour;

(8) Be without public messages or advertising;

(b) Residential Districts. Within Residential Districts, as defined in the Zoning Ordinance, the following additional provisions to those set forth in subsection "(a)"hereof shall

apply to dish antennae or other antennae designed to transmit or receive radio, television or other signals to or from satellites or relay towers.

(1) Ground-mounted dish antennae or other ground-mounted antennae shall be considered structures and shall comply with the following conditions and requirements:

A. Such dish antenna or other antennae not mounted on the roof of a primary or accessory structure shall not exceed an above-grade height of twelve feet, shall not be located closer than ten feet to a rear lot line, eight feet from a side lot line, or one foot from any casement.

(2) Roof-mounted dish antennae or other roof-mounted antennae shall be considered accessory structures and shall comply with the following conditions and requirements:

A. Such dish antennae or other antennae shall be mounted directly on the roof of a primary or accessory structure and shall not be mounted on appurtenances such as chimneys, towers or spires.

B. Such dish antennae or other antennae mounted on the roof of a primary or accessory structure shall not exceed a height of greater than three feet above the roof on which it is mounted. The height shall be measured vertically from the point at which such dish antenna or other antennae is mounted on the roof.

C. The diameter of any dish antenna mounted upon the roof of a primary or accessory structure shall not exceed one meter.

D. Be located to the rear of the roof structure if reasonable in light of transmission or reception requirements.

(c) Nonresidential Districts. Within Nonresidential Districts, the following additional provisions to those set forth in subsection "(a)"hereof shall apply to dish antennae or other antennae designed to transmit, receive, or relay radio, television, or other signals to or from satellites or relay towers.

(1) Ground-mounted dish antennae or other ground-mounted antennae shall be considered accessory structures and shall comply with the following conditions and requirements:

A. Such dish antennae or other antennae shall not exceed an above-grade height of twelve feet and shall not be located within fifty feet of a public right of-way, thirty feet of a rear or side lot line and not closer than fifty feet from a lot line in a residential district

(2) Roof-mounted dish antennae or other roof-mounted antenna shall be considered accessory structures and shall comply with the following conditions and requirements.

A. Such dish antennae or other antennae shall be mounted directly on the roof of a primary or accessory structure and shall not be mounted on appurtenances such as chimneys, towers or spires.

C. The diameter of any dish antenna mounted upon the roof of a primary or accessory structure shall not exceed one meter.

(Ord. 08-96. Passed 6-19-96; Ord. 11-2018. Passed 10-3-18.)

1191.07 COMMUNICATION TOWERS FOR COMMUNICATION DISTRIBUTION SYSTEMS.

(a) General Regulations. The following provisions apply to communication towers used in radio, satellite dish, telephone, microwave or other wavelength communication for transmission, receiving or relay.

(1) Permitted in Planned Industrial District, (PID), Planned Commercial District, (PCD), and a Conditional Use in Community Service District, (CSD);

(2) Sited so that all reasonable alternatives for tower placement have been clearly and convincingly demonstrated so that the installation will minimize both the visual intrusion of the tower and the potential safety risks associated with the presence and operation of the tower;

(3) Shared with other users to minimize the number of towers within the Municipality;

(4) Detailed in a site plan to include complete structure elevations and a perspective view showing the tower from all property lines or lot lines adjacent to the proposed site;

(5) Located to minimize the visual impact at base elevation of the proposed structure by a comprehensive landscape plan;

(6) The installation shall be 500 feet from the nearest residential use or district;

(7) Maximum height of towers (that is, the height to the top of the tower, including all attachments or extensions), shall be limited to 100 feet from grade. This height limit applies whether the tower is attached to the ground or mounted on another structure.

(8) Minimum setback from all property lines shall be a distance equal to the height of the tower. Setback shall be defined as the distance from the property line to the nearest portion of the structure;

(9) Underground wiring to the site and from the tower to any service or ancillary structures shall be required;

(10) Equipment, mobile or immobile, not used in direct support of the transmission or relay facility, shall not be stored or parked on the site except in connection with a repair or maintenance being made to the installation;

(11) No employees shall be employed on a regular basis at the installation site;

(12) Towers shall be kept in a state of good repair;

(13) Obsolete or unused facilities shall be removed within twelve months of ceasing operation;

(14) No supporting wires or cables shall encroach upon any minimum setback requirements and shall be completely encircled at the point of attachment to the ground with sufficient fencing and/ or plantings of sufficient density and height to prevent any individual who may for any reason be in the area from coming into contact with any such supporting wires or cables.

(b) Exemptions.

(1) Ham radio installations and systems are, in light of the public safety and emergency services provided, considered to be unique. Regulation, including the regulation of antenna necessary to the operation of such systems, must, in light of federal preemption, constitute the minimum practicable regulation to accomplish legitimate local purpose. In providing reasonable accommodation to such systems, Ham radio antenna and/or towers are permitted in all districts as follows:

A. In those systems where the roof mounted antenna does not extend more than fifteen feet above the highest point of the roof line or where the tower is attached to the rear of the primary structure and does not exceed fifty feet in height as measured from grade, no application, review or permit is required for such antenna or tower. The requirements of Section 1191.04 (a) (1),(2),(4),(6),(7) and (8) must be met;

B. In those systems where the roof mounted antenna extends more than fifteen feet above the highest point of the roof line or where the tower is not attached to the rear of the primary structure or where the tower exceeds fifty feet in height as measured from grade but does not exceed seventy feet in height as measured from grade application, review and permitting as set forth in Section 1191.03(a), (b) and (c) is required. In submitting an application pursuant to this subsection, the applicant should include all available information regarding the technical performance requirements of the system proposed . The Zoning Inspector shall fully consider the operational requirements of the system as proposed in applying the minimum practicable regulation which reasonably accommodates the system requirements. In this regard the Zoning Inspector may seek the assistance of such professionals familiar with such systems as is necessary and appropriate under the circumstances. The requirements of Section 1191.04(a) (1),(2),(4),(5),(6),(7)and (8) as well as those of Section 1191.05(a)(2),(8) and (14) must be met;

C. All systems must meet all FAA and FCC requirements and building and electrical permit requirements.

D. Towers in excess of seventy feet in height are prohibited in all residential districts. In all other districts, and notwithstanding the exclusion set forth in Section 1191.02 (a), towers in excess of seventy feet are defined as communication towers and regulated accordingly. (Ord. 08-96. Passed 6-19-96; Ord. 11-2018. Passed 10-3-18.)

SMALL CELL FACILITIES AND WIRELESS SUPPORT STRUCTURES WITHIN THE RIGHT-OF-WAY

1191.20 PURPOSE AND INTENT.

(a) The purpose of Sections 1191.20 through 1191.29 of this chapter is to establish general procedures and standards, consistent with all applicable federal, state, and local laws, for the siting, construction, installation, collocation, modification, operation, and removal of small cell facilities and wireless support structures in the Village right-of-way.

(b) The intent of Sections 1191.20 through 1191.29 of this chapter is to:

(1) Establish basic criteria for applications to locate small cell facilities and wireless support structures in the right-of-way and authorize the Village Manager or his or her designee to develop, publish, and from time to time amend design guidelines, applications and other associated materials to provide clear guidance to applicants;

(2) Ensure that small cell facilities and wireless support structures are carefully designed, constructed, modified, maintained, and removed when no longer in use in conformance with all applicable health and safety regulations;

(3) Preserve the character of the Village of Granville by minimizing the potentially adverse visual impact of small cell facilities and wireless support structures through careful design, siting, landscaping and camouflaging techniques to blend these facilities into their environment to the maximum extent practicable;

(4) Enhance the ability of wireless service providers to deploy small cell facilities and wireless support structures in the Village quickly, effectively, and efficiently so that residents, businesses, and visitors benefit from ubiquitous and robust wireless service availability;

(5) Establish an application process and structure for payment of fees and charges to be uniformly applied to all applicants, operators and owners of small cell facilities and wireless support structures for such facilities;

(6) Comply with, and not conflict with or preempt, all applicable state and federal laws, including without limitation Section 101(a) and Section 704 of the Telecommunications Act, Pub. L. 104-104, 101 Stats. 56, 70 (Feb. 8, 1996) (codified as 47 U.S.C. §§ 253(a), 332(c)(7)), as may be amended or superseded, and Section 6409(a) of the Middle Class Tax Relief and Job Creation Act, Pub. L. 112-96, 126 Stat. 156 (Feb. 22, 2012) (codified as 47 U.S.C. § 1455(a)), as may be amended or superseded, and all FCC rules and regulations to interpret and implement applicable federal statutes.

(Ord. 11-2018. Passed 10-3-18.)

1191.21 APPLICABILITY.

(a) Subject to the Ohio Revised Code and approval of an application under Sections 1191.20 through 1191.29 of this chapter, an operator may collocate a small cell facility and construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the Village right-of-way.

(1) An operator shall comply with generally applicable standards that are consistent with Sections 1191.20 through 1191.29 of this chapter and any rules, regulations, and design guidelines adopted by the Village for the collocation of a small cell facility and construction, maintenance, modification, operation, or replacement of wireless support structures in, along, across, upon, and under the Village right-of-way, unless otherwise prohibited by state or federal law..

(2) All wireless support structures and small cell facilities shall be constructed and maintained so as not to impede or impair public safety or the legal use of the right-of-way by the Village, the traveling public, or other public utilities.

Exclusions.

(3) Amateur radio facilities. This chapter shall not govern the installation of any amateur radio facility that is owned or operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

(4) Certain over-the-air receiving devices (OTARD). This chapter shall not govern the installation of any OTARD antennas covered under FCC regulations codified in 47 C.F.R. §§1.4000 et seq., as may be amended or superseded. OTARD antennas include, without limitation, direct-to-home satellite dish antennas less than one meter in diameter, television antennas and wireless cable antennas.

(5) Handsets and user equipment. This chapter shall not govern the use of personal wireless devices (e.g., cell phones) or other consumer-grade mobile user equipment used in the right-of-way.

(b) The permitting procedures and authorizations set forth herein in Sections 1191.20 through 1191.29 shall apply only to small cell facilities and wireless support structures in the Village right-of-way.

(c) Relationship to Other Chapters. This chapter shall supersede all conflicting requirements of other titles and chapters of this Code regarding the locating and permitting of small cell facilities and wireless support structures in the right-of-way.

(d) Nothing in this chapter precludes the Village from applying its generally applicable health, safety, and welfare regulations when granting consent for a small cell facility or wireless support structure in the Village right-of-way.

(Ord. 11-2018. Passed 10-3-18.)

1191.22 DEFINITIONS.

(a) General Use of Terms.

(1) The terms, phrases, words, and their derivations used in Sections 1191.20 through 1191.29 shall have the meanings given in this section.

(3) All terms used in the definition of any other term shall have their meaning as otherwise defined in this section.

(4) The words "shall" and "will" are mandatory and "may" is permissive.

(5) Words not defined shall be given their common and ordinary meaning.

(b) Defined Terms.

(1) ABANDONED. Any small cell facilities or wireless support structures that are unused for a period of three hundred sixty-five days without the operator otherwise notifying the Village and receiving the Village's approval for temporary disuse.

(2) AFFILIATE. When used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person.

(3) AGENT. A person that provides the Village written authorization to work on behalf of a public utility.

(4) ANTENNA. Communications equipment that transmits or receives radio frequency signals in the provision of wireless service.

(5) APPLICANT. Any person that submits an application to the Village to site, install, construct, collocate, modify, and/or operate a small cell facility or wireless support structure in the right-of-way according to the requirements of Sections 1191.20 through 1191.29 of this chapter.

(6) CABLE OPERATOR. Any person or group of persons:

A. who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or

B. who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system;

(7) CABLE SERVICE.

A. The one-way transmission to subscribers of (i) video programming, or (ii) other programming service; and

B. Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.

(8) CABLE FRANCHISE. An initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to 47 U.S.C. 522 Section 546), issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system.

(9) CLEAR ZONE. The unobstructed, traversable area provided beyond the edge of the through traveled way for the recovery of errant vehicles. The clear zone includes shoulders, bike lanes, and auxiliary lanes, except those auxiliary lanes that function like through lanes. As defined in the ODOT Location and Design Manual, Volume 1, Section 600-Roadside Design.

(10) COLLOCATION or COLLOCATE. To install, mount, maintain, modify, operate, or replace wireless small cell facilities on a wireless support structure.

(11) DECORATIVE POLE. A pole, arch, or structure other than a street light pole placed in the public way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following:

A. Electric lighting;

B. Specially designed informational or directional signage;

C. Temporary holiday or special event attachments.

(12) DESIGN GUIDELINES. Means those detailed design guidelines, specifications and examples promulgated by the Village Manager or his or her designee for the design and installation of small cell facilities and wireless support structures, which are effective insofar as they do not conflict with federal and state law, rule and regulations.

(13) ELIGIBLE FACILITIES REQUEST. Means the same as defined by the FCC in 47 U.S.C. 1455 (a)(2), as may be amended, which defines that term as any request for modification of an existing support structure that does not substantially change the physical dimensions of such support structure, involving:

A. Collocation of new small cell facilities;

B. Removal of small cell facilities; or

C. Replacement of small cell facilities.

(14) FRANCHISE AUTHORITY. See CABLE FRANCHISE.

(15) FCC. The U.S. Federal Communications Commission and any legally appointed, designated, or elected agent or successor.

(16) HISTORIC DISTRICT. A building, property, or site, or group of buildings, properties, or sites that are either of the following:

A. Listed in the national register of historic places or formally determined eligible for listing by the keeper of the national register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the national register, in accordance with section VI.D.1.a.i-v of the nationwide programmatic agreement codified at 47 C.F.R. part 1, Appendix C;

B. A registered historic district as defined in section 149.311 of the Revised Code.

(17) MICRO WIRELESS FACILITY. A small cell facility that is not more than twenty-four inches in length, fifteen inches in width, and twelve inches in height and that does not have an exterior antenna more than eleven inches in length suspended on cable strung between wireless support structures.

(18) OHIO MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES or OMUTCD. The uniform system of traffic control devices promulgated by the Ohio Department of Transportation.

(19) OCCUPY OR USE. With respect to the right-of-way, to place a tangible thing in the right-of-way for any permitted purpose, including, but not limited to, constructing, repairing, positioning, maintaining, or operating lines, poles, pipes, conduits, ducts, equipment, or other structures, appurtenances, or facilities necessary for the delivery of public utility services or any services provided by a cable operator.

(20) OPERATOR. A wireless service provider, cable operator, or a video service provider that operates a small cell facility and provides wireless service. For the purpose of Sections 1191.20 through 1191.29 , "operator" includes a wireless service provider, cable operator, or a video service provider that provides information services as defined in the "Telecommunications Act of 1996," 110 Stat. 59, 47 U.S.C. 153(20), and services that are fixed in nature or use unlicensed spectrum.

(21) PERSON. Any natural person, corporation, or partnership and also includes any governmental entity.

(22) PUBLIC UTILITY or UTILITY. A facilities-based provider of wireless service to one or more end users in this state, or any company described in section 4905.03 of the Ohio Revised Code and as further defined in section 4905.02 of the Ohio Revised Code, including but not limited to the following types of companies: telephone, electric light, gas, natural gas, pipe-lines, water-works, and sewage disposal systems.

(23) RIGHT-OF-WAY. The surface of and the space above and below the paved or unpaved portions of any public street, public road, public highway, public freeway, public lane, public path, public bike path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive and any other land dedicated or otherwise designated for the same now or hereafter held by the Village which shall, within its proper use and meaning in the sole opinion of the Village Manager, entitle a permittee, in accordance with the terms hereof and of any right-of-way permit, to the use thereof for the purpose of installing or operating any poles, wires, cables, transformers, conductors, ducts, lines, mains, conduits, vaults, manholes, amplifiers, appliances, attachments or other property or facilities as may be ordinarily necessary and pertinent to the provision of utility, cable television, communications or other services as set forth in any service agreement or any right-of-way permit. RIGHT-OF-WAY shall not include private easements or public property, except to the extent the use or occupation of public property is specifically granted in a right-of-way permit or by administrative regulation.

(24) RIGHT OF WAY PERMIT, GENERAL. A permit issued by the Village as required by that must be obtained in order to perform any work in, on, above, within, over, below, under, or through any part of the public right-of-way, including, but not limited to, the act or process of digging, boring, tunneling, trenching, excavating, obstructing, or installing, as well as the act of opening and cutting into the surface of any paved, improved, or unimproved surface that is part of the right-of-way.

(25) RIGHT OF WAY PERMIT, SMALL CELL. Means a permit issued by the Village for the collocation, construction, maintenance, operation, or replacement of small cell facility(ies) and/or wireless support structures in, along, across, upon and under the right-of-way.

(26) SMALL CELL FACILITY. A wireless facility that meets both of the following requirements:

A. Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than six cubic feet in volume.

B. All other wireless equipment associated with the facility is cumulatively not more than twenty-eight cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

(27) SUBSTANTIAL CHANGE: Has the same meaning as described in 47 C.F.R. §1.40001(b)(7), a modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

A. For towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;

B. It entails any excavation or deployment outside the current site;

C. It would defeat the concealment elements of the eligible support structure; or

D. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in 47 C.F.R.§ 1.40001(b)(7)(i) through (iv).

(28) TOLLING or TOLL PERIOD. The pausing or delaying of the running of a required time period.

(29) UTILITY POLE. A structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications service. "Utility pole" excludes street signs and decorative poles.

(30) VIDEO SERVICE PROVIDER. A person granted a video service authorization under sections 1332.21 to 1332.34 of the Ohio Revised Code.

(31) WIRELESS FACILITY.

A. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:

1. Equipment associated with wireless communications;

2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

B. The term includes small cell facilities.

C. The term does not include any of the following:

1. The structure or improvements on, under, or within which the equipment is collocated;

2. Coaxial or fiber-optic cable that is between wireless support structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

(32) WIRELESS SERVICE. Any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using wireless facilities.

(33) WIRELESS SERVICE PROVIDER. A person who provides wireless service as defined herein.

(34) WIRELESS SUPPORT STRUCTURE. A pole, street light pole, traffic signal pole, a fifteen-foot or taller sign pole, or utility pole capable of supporting small cell facilities, excluding utility poles or other facilities used to supply traction power to public transit systems, including railways, trams, streetcars, and trolleybuses.

(35) WIRELINE BACKHAUL FACILITY. A facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable, or any other wire.

(Ord. 11-2018. Passed 10-3-18.)

1191.23 APPLICATION REQUIRED.

(a) General Requirements. The following requirements shall apply to all small cell facilities and wireless support structures proposed within the right-of-way.

(1) No person shall occupy or use the right-of-way except in accordance with law.

(2) In occupying or using the right-of-way, no person shall unreasonably compromise the public health, safety, and welfare.

(3) No person shall occupy or use the right-of-way without first obtaining, under this chapter or other applicable provision of the Granville Codified Ordinances, or Sections 1332.24 or 4939.031 of the Ohio Revised Code, any requisite consent of the Village. Before placing small cell facilities or wireless support structures in the right-of-way, an operator must apply for and receive a general right-of-way permit from the Village. If the operator's sole activities in the right-of-way will consist solely of collocating small cell facilities, constructing, modifying, or replacing new wireless support structures and associated small cell facilities, removing such facilities, or eligible facilities requests, then the operator shall not be required to pay an annual fee for general right-of-way permittees. This provision shall not be construed to waive application fees or any other construction or work permit necessary for work in the Village.

(b) Pre-Application Conference.

(1) Purpose. Applicants are strongly encouraged to contact the Village Planner and request a pre-application conference. This meeting will provide an opportunity for early coordination regarding proposed small cell facilities and wireless support structure locations, design, and the application submittal, and the approval process in order to avoid any potential delays in the processing of an application and deployment of small cell facilities and wireless support structures in the Village.

(2) Appointment Required. An appointment is required for all pre-application conferences. Applicants must contact the designated Village staff member as noted on the application form, who will provide applicants an appointment with all applicable Village representatives in a timely manner.

(c) Application Required. In accordance with federal and state law and the Village code, an operator may apply to the Village to collocate a small cell facility on an existing wireless support structure and to construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the Village rights-of-way. Anyone seeking to collocate a small cell facility on an existing wireless support structure and/ or to construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the Village rights-of-way shall first duly file a written application with the Village, in accordance with the requirements in this section and additional requirements set forth in the Design Guidelines as modified from time to time by the Village Manager or his or her designee.

(d) Required Application Materials. Unless otherwise required by state or federal law, all applicants shall submit to the Village materials and information associated with each application as outlined in the Design Guidelines in order for the application to be considered complete.

(Ord. 11-2018. Passed 10-3-18.)

1191.24 APPLICATION REVIEW TIMEFRAMES AND PROCESS .

(a) Permit Application Review Timeframes.

(1) Collocation of Small Cell Facilities on Existing Wireless Support Structures. The Village shall grant or deny its consent for requests to collocate, or to replace or modify a small cell facility on, or associated with, an existing wireless support structure not later than ninety days after the date of filing by an entity of a completed application.

(2) New Wireless Support Structures and Associated Small Cell Facilities. The Village shall grant or deny its consent for requests to construct, modify, or replace a wireless support structure associated with a small cell facility within the right-of-way not later than one hundred twenty days after the date of filing by an entity of a completed application.

(3) Wireless Support Structure and/or Small Cell Facilities Removal. The Village shall grant or deny its consent for requests to remove wireless support structures associated with small cell facilities from the right-of-way typical to the review timeframes for the General Right-of-Way Permit required for this activity.

(4) Eligible Facilities Request. The Village shall approve Eligible Facilities Requests in accordance with Ohio Revised Code Chapter 4939, 47 C.F.R. Section 1.40001, and Sections 1191.20 through 1191.29 herein not later than sixty days after the date of filing by an entity of a submitted application.

(b) Failure to Grant or Deny Within Prescribed Timeframes. If the Village fails to approve or deny a request for consent under this chapter or a request for a relevant work permit within the timeframes required under Section 1191.24 (a), provided the time period is not tolled under Section 1191.24 (d) or extended with the written consent of the applicant and the Village Manager or his or her designee, the request shall be deemed granted upon the requesting entity providing notice to the Village that the time period for acting on the request has lapsed.

(1) The Village shall not unreasonably withhold or deny consent for small cell facilities and wireless support structures within the right-of-way.

(2) If a request for consent is denied, the Village shall provide in writing its reasons for denying the request, supported by substantial, competent evidence, and such information as the applicant may reasonably request to obtain consent. The denial of consent shall not unreasonably discriminate against the entity requesting the consent.

(3) Except in the case of a public utility subject to the jurisdiction and recognized on the rolls of the public utilities commission or of a cable operator possessing a valid franchise awarded pursuant to the "Cable Communications Policy Act of 1984," 98 Stat. 2779, 47 U.S.C.A. 541, the Village, for good cause shown, may withhold, deny, or delay its consent to any person based upon the person's failure to possess the financial, technical, and managerial resources necessary to protect the public health, safety, and welfare.

(d) Tolling of Required Timeframes.

(1) The time periods required in Section 1191.24 (a) may be tolled only:

A. By mutual agreement between the entity requesting consent and the Village;

B. In cases where the Village determines that the application is incomplete; or

C. If the number of requests for consent for small cell facilities or wireless support structures received is likely to result in difficulty processing applications within the time limits set forth in Section 1191.24 (a) due to the lack of resources of the Village, then the Village may toll the time limits as follows:

1. The time period may be tolled for up to twenty-one days for any application after the first fifteen small cell facility or wireless support structure requests received by the Village within any consecutive thirty-day period.

(2) To toll the time period for incompleteness, the Village shall provide written notice to the person requesting consent not later than thirty days after receiving the request, clearly and specifically delineating all missing documents or information. The missing documents or information shall be reasonably related to determining whether the request meets the requirements of applicable federal and state law. Any notice of incompleteness requiring other information or documentation, including information of the type described in section 4939.0313 of the Ohio Revised Code or documentation intended to illustrate the need for the request or to justify the business decision for the request, in accordance with state and federal law, does not toll the time period for incompleteness.

(3) The time period for granting or denying consent resumes when the entity makes a supplemental submission in response to the Village's notice of incompleteness.

(4) If a supplemental submission is inadequate, the Village shall notify the entity not later than ten days after receiving the supplemental submission that the supplemental submission did not provide the information identified in the original notice that delineated missing documents or information. The time period may be tolled in the case of second or subsequent notices under the procedures identified in subsection (d)(1) to (3) of this section. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

(e) Consolidated Application for Multiple Small Cell Facilities And/or Wireless Support Structures.

(1) Applicants seeking to construct, modify, collocate, or replace more than one small cell facility or more than one wireless support structure may file, at the applicant's discretion, a consolidated application for up to thirty small cell facility requests or up to thirty wireless support structure requests in a single application and receive a single permit for the construction, modification, collocation, or replacement of the small cell facilities or wireless support structures subject to the following:

A. This single application may be filed for multiple small cell facilities or multiple wireless support structures only if they are of substantially the same type.

B. The Village may separately address small cell facility collocations or wireless support structures for which incomplete information has been received or which are denied.

(2) In the case of a consolidated application, the fees provided for in section 4939.0316 of the Ohio Revised Code and by applicable provision of the Granville Codified Ordinances or administrative rules may be cumulative. However, the Village at its discretion may opt to reduce such fees in order to encourage consolidated application submittals.

(3) In the case of a consolidated application, each small cell facility or wireless support structure proposed to be constructed, modified, collocated on, or replaced shall constitute a separate request for consent for purposes of tolling the response deadline as authorized under section 4939.036 of the Ohio Revised Code. A request by a single operator for a new or replacement support structure and associated small cell facility constitutes one request.

(f) Timeframe for Completion of Permit.

(1) Permits granted for collocations of small cell facilities on existing wireless support structures, new wireless support structures and/or associated small cell facilities s shall be completed by the operator or its agent within one hundred eighty days after issuance of the permit, unless:

A. The Village and the operator agree to extend this period; or

B. A delay is caused by make-ready work for a Village-owned wireless support structure or decorative pole or by the lack of commercial power or backhaul availability at the site, provided that:

1. The operator has made a timely request within sixty days after the issuance of the permit for commercial power or backhaul services; and

2. The additional time to complete installation does not exceed three hundred sixty days after issuance of the permit.

(2) If subsections (f)(1)A. and B. of this section cannot be met, the permit shall be void unless the Village grants an extension in writing to the operator.

(g) Small Cell Facility and Wireless Support Structure Activities Not Requiring Consent.

(1) Village consent shall not be required for either of the following activities conducted in the Village right-of- way:

A. Routine maintenance of wireless facilities;

B. The replacement of wireless facilities with wireless facilities that are consistent with the Village's current design requirements and guidelines and that are either:

1. Substantially similar to the existing wireless facilities; or

2. The same size or smaller than the existing wireless facilities.

(2) The Village may require a General Right-of-Way Permit for any activity described in division (1) of this section and for any activity for which consent is authorized herein and in accordance with state and federal law.

(Ord. 11-2018. Passed 10-3-18.)

1191.25 DESIGN GUIDELINES.

(a) The Village Manager or his or her designee shall promulgate detailed Design Guidelines with objective, technically feasible criteria applied in a non-discriminatory manner that reasonably match the aesthetics and character of the immediate area regarding all of the following, which the Village shall consider in reviewing an application:

(1) The location of any ground-mounted small cell facilities;

(2) The location of a small cell facility on a wireless support structure;

(3) The appearance and concealment of small cell facilities, including those relating to materials used for arranging, screening, and landscaping;

(4) The design and appearance of a wireless support structure.

(b) The Design Guidelines shall provide examples of small cell facilities preferences including visual depictions.

(c) The provisions in this section shall not limit or prohibit the Village Manager's discretion to promulgate and make publicly available other information, materials or requirements in addition to, and separate from, Design Guidelines so long as the information, materials, or requirements do not conflict with state or federal law.

(d) The Village Manager shall have authority to update or supplement the Design Guidelines to address relevant changes in law, technology, or administrative processes. In the event of any conflict between the Design Guidelines and the standards articulated in Sections 1191.20 through 1191.29 of this chapter of the Granville Codified Ordinances, the language of Sections 1191.20 through 1191.29 shall take precedence over the language of the Design Guidelines. (Ord. 11-2018. Passed 10-3-18.)

1191.26 STANDARD CONDITIONS OF PERMIT APPROVAL.

(a) Standard Conditions of Approval. Permission to site small cell facilities and wireless support structures in the right-of-way shall be conditioned on compliance with the standard conditions of approval provided in this Section 1191.26 . The Village Manager or his or her designee may add or modify conditions of approval as necessary or appropriate to protect and promote the public health, safety, and welfare.

(b) Small Cell Facility Permit Duration. The Village's approval term of an attachment to a wireless support structure shall be for a period of not less than ten years, with presumption of renewal for successive five-year terms, subject to terms providing for early termination or nonrenewal for cause or by mutual agreement and unless otherwise agreed to by both the operator and the Village, except for generally applied permitting to safeguard the public health, safety, and welfare. An operator may remove its small cell facilities at any time subject to applicable permit requirements and may stop paying annual charges or fees under Section 1191.26 (n).

(1) Permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations, ordinances, or other rules.

(2) If state or federal standards and regulations are amended, the owners of the small cell facilities and/or wireless support structures governed by this chapter shall bring any facilities and/or structures into compliance with the revised standards and regulations within six months of the effective date of the standards and regulations, unless a different compliance schedule is mandated by the regulating agency. Failure to bring small cell facilities and/or wireless support structures into compliance with any revised standards and regulations shall constitute grounds for removal at the owner's expense.

(d) Inspections; Emergencies. The Village or its designee may inspect small cell facilities and wireless support structures in the right-of-way upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The Village reserves the right to support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

(e) Relocation or Adjustment as Requested by Village. If requested by the Village, in order to accomplish construction and maintenance activities directly related to improvements for the health, safety, and welfare of the public, an operator shall relocate or adjust its facilities within the right-of-way at no cost to the Village, as long as such request similarly binds all users in or on such public way. Such relocation or adjustment shall be completed in accordance with law.

(f) Contact Information for Responsible Parties. Permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address, and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Village Manager.

(g) Indemnification. Any operator who owns or operates small cell facilities or wireless support structures in the right-of-way shall indemnify, protect, defend, and hold the Village and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the operator who owns or operates small cell facilities and wireless service in the right-of-way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in the right-of-way.

(h) Interference with Public Safety Radio Services. In the event that the Village has reason to believe that permittee's radio communications operations are causing interference with the Village's public safety radio communications operations, then the permittee shall, at its cost, immediately cooperate with the Village to either rule out permittee as the interference source or eliminate the interference. Cooperation with the Village may include, but shall not be limited to, temporarily switching the small cell facilities on and off for testing.

(i) Adverse Physical Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse physical impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, or removal of the small cell facility and/or wireless support structure.

(j) Good Condition Required. Small cell facilities and support structures shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not menace or endanger the health, safety or welfare of any person or property.

(k) Graffiti Abatement. Permittee shall remove any graffiti on the small cell facility at permittee's sole expense.

(l) RF Exposure Compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards.

(m) Relocation for Public Improvement Projects. Permittee shall remove and relocate the permitted small cell facility and/or wireless support structure at permittee's sole expense to accommodate construction of a public improvement project by the Village.

(n) Removal of Small Cell Facilities If Use Discontinued or Abandoned.

(1) In the event that the use of a small cell facility and/or wireless support structure is discontinued, the owner or operator of the small cell facility and/ or wireless support structure shall submit a request for consent to remove the wireless support structure or small cell facility, as provided in Section 1191.24 (a)(3), which shall serve as notice to the Village of its intent to discontinue use and the date when the use shall be discontinued. If the small cell facility and/or wireless support structure is not removed within 365 days of discontinued use, the small cell facility and/ or wireless support structure shall be considered abandoned and the Village may remove it at the owner's expense.

(2) Small cell facilities and wireless support structures determined by the Village to be abandoned without notice from the owner may be removed by the Village at the owner's expense to ensure the public health, safety, and welfare. (Ord. 11-2018. Passed 10-3-18.)

1191.27 SAFETY REQUIREMENTS.

(a) Prevention of Failures and Accidents. Any person who owns a small cell facility and/or wireless support structure sited in the right-of-way shall at all times employ ordinary and reasonable care and install and maintain in use industry standard technology for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.

(b) Compliance with Fire Safety and FCC Regulations. Small cell facilities, wires, cables, fixtures, and other equipment shall be installed and maintained in substantial compliance with the requirements of the National Electric Code, all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property.

(c) Surety Bond or Equivalent Financial Tool for Cost of Removal. All owners must procure and provide to the Village a surety bond, or must provide proof of an equivalent financial mechanism, to ensure compliance with all provisions of Sections 1191.20 through 1191.29 . The bond or equivalent financial method must specifically cover the cost of removal of unused or abandoned small cell facilities and/ or wireless support structures or damage to Village property caused by an operator or its agent of each small cell facility and/ or wireless support structure which the owner installs in the right-of-way in case the Village has to remove or pay for its removal. Two acceptable alternatives to a bond include a funds set-aside and a letter of credit.

(Ord. 11-2018. Passed 10-3-18.)

1191.28 RECOVERY OF COSTS.

(a) Application Processing Fee. For processing an application for consent, the Village may charge a fee for each small cell facility and wireless support structure requested as prescribed under section 4939.0316 of the Ohio Revised Code and as listed on the associated application forms which shall be made available by the Planning Department. The Village may adjust this fee ten per cent every five years, rounded to the nearest five dollars ($5.00).

(b) Annual Collocation Fee. For reimbursement for operator's attachment of small cell facilities to wireless support structures owned or operated by the Village and located in the right-of-way, the Village may charge an annual fee as prescribed in 4939.022 of the Ohio Revised Code and as listed on associated application forms which shall be made available by the Planning Department. The Village may adjust this fee ten per cent every five years, rounded to the nearest five dollars ($5.00).

(c) Tax Liabilities and Assessments Not Applicable. Placement of small cell facilities in the right-of-way or attachment of small cell facilities to a wireless support structure and any fees associated therewith shall not subject the Village to any state or local tax liabilities or assessments.

(Ord. 11-2018. Passed 10-3-18.)

1191.29 SEVERABILITY.

The provisions of Sections 1191.20 through 1191.29 of this chapter are severable. If any provision or subsection, or the application of any provision or subsection to any person or circumstances is held invalid, the remaining provisions, subsection, and applications of such ordinance to other persons or circumstances shall not be made invalid as well. It is declared to be the intent of this section that the remaining provisions would have been adopted had such invalid provisions not been included in this chapter when originally adopted by Council.

(Ord. 11-2018. Passed 10-3-18.)

1191.99 PENALTY.

(a) In addition to any other penalties set forth in this chapter, any person or permittee violating any section in this chapter shall be guilty of a minor misdemeanor. Each day the violation continues shall be deemed a separate offense.

(b) Nothing herein shall prevent the Village from taking any other lawful action, including civil actions at law or equity, including temporary restraining orders, preliminary injunctions and permanent injunctions, as is necessary to prevent or remedy any violations.

(Ord. 11-2018. Passed 10-3-18.)

1192.01 PURPOSE.

The purpose of this Chapter is to promote a sustainable quality of life and establish regulations to facilitate the use and operation of Solar Energy Systems within the Village of Granville in all zoning districts.

As part of this Chapter, it is in the public interest to encourage Solar Energy Systems that have a positive impact on energy conservation, with limited adverse impact on the community. While the Village of Granville finds that increased use of Solar Energy Systems are an important component of community sustainability, reasonable restrictions that, protect the public health, safety, and welfare; preserve the enjoyment of private property; promote orderly land use; and maintain property values and historic aesthetics are necessary to harmonize the interests of all Village residents. (Ord. 16-2022. Passed 12-7-22.)

1192.02 DEFINITIONS.

The following words and phrases, when used in this article, shall have the meaning ascribed to them by this section:

(a) "Abandonment" means discontinued use of the Solar Energy System in whole or part.

(b) "Applicant" means the person or entity filing an application under this Chapter.

(c) "Community Solar Energy System" means any Solar Energy System designed to supply energy to more than one parcel or dwelling unit.

(d) "Construction Code" means any applicable building code, regulation, ordinance, and/or standards and specification. Includes, but is not limited to, Licking County Building Code, Ohio Building Code, NEC (NFPA 70) and Fire Code, and their successors and/or updates.

(e) "Facility Owner" means the Home Owner, entity or entities having any interest in the Solar Energy System, including their respective successors and assigns.

(f) "Ground-Mounted" means a Solar Energy System that is mounted on a rack or pole that rests or is attached to the ground.

(g) "Home Owner" means the titled owners and any successor in the title of the property where the Solar Energy System is installed.

(h) "Operator" means the person or entity responsible for the day-to-day operation and maintenance of the Solar Energy System.

(i) "Roof-Mounted" means a Solar Energy System that is mounted on a rack that is fastened to a structure roof.

(j) "Solar Cell" means the basic photovoltaic device that generates electricity when exposed to light.

(k) "Solar Energy System" means the equipment, assembly or building construction and requisite hardware that provides and is used for collecting, transferring, converting, storing, or using incident solar energy for water heating, space heating, cooling, generating, electricity, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced from a nonrenewable resource.

(l) "Solar Energy System Project Master Plan" means a phased plan to install a larger scale Solar Energy System meant to be complete over a period of time, submitted as part of an associated application.

(m) "Solar Panel" means a component of a Solar Energy System that captures the sun's energy and produces energy, either electrical, heat, or hot water for use or distribution include photovoltaic an electrical device consisting of an array of connected solar cells, heat collectors and interstitial spaces including Trombe panels, or hydronic panels for water heating systems.

(Ord. 16-2022. Passed 12-7-22.)

1192.03 APPLICABILITY.

The Planning and Development Director or designee, shall consider the following factors, and any other relevant information, when evaluating a Solar Energy System application for approval or rejection.

(a) No person shall construct, erect, maintain, extend, or remove a Solar Energy System in any zoning district in the Village without compliance with the provisions of this chapter and applicable related requirements of the Village of Granville Codified Ordinances, and all applicable Construction Codes.

(b) Solar Energy Systems constructed prior to the effective date of this Chapter shall not be required to meet the requirements of this code; unless any physical condition or modification renders such system un-repairable or un-useable. If any pre-existing Solar Energy System is destroyed or damaged to such an extent that it cannot be returned to original service, or any such damage or modification creates an unsafe condition it shall be replaced or removed in conformity with this Chapter.

(c) Expansion of an existing Solar Energy System (e.g., additional Solar Panels) shall be added in conformity with this Chapter, unless such expansion is part of an approved Solar Energy System Project Master Plan. The Village Manager or their designee may waive associated fees when other expansions occur within four (4) years of original installation.

(d) Repair of an existing Solar Energy System previously permitted under this Chapter shall not require an additional application.

(e) Nothing in this regulation shall preclude standalone systems for small accessory lighting, ventilation, or battery storage systems either roof or ground-mounted. In such a case, the cumulative area of the standalone system shall not exceed two (2) square feet. (Ord. 16-2022. Passed 12-7-22.)

1192.04 CONTENTS OF APPLICATION.

An application for a Solar Energy System shall be approved or rejected in compliance with the standards and criteria of this Chapter and the application shall include at a minimum the following required items.

(a) A narrative describing the proposed solar energy system, including the number, manufacturer, and model of the solar panels to be installed, and a description of ancillary systems.

(b) A site plan to scale of the subject property showing the planned location of the solar panels, setback lines, proposed and existing ancillary equipment, buildings, and structures.

(Ord. 16-2022. Passed 12-7-22.)

1192.05 DESIGN, PERFORMANCE, AND APPLICATION STANDARDS.

The standards below shall apply to any Solar Energy System in the Village installed after the effective date of this Chapter.

(a) Lighting. Solar Energy Systems shall be lit only if required by an applicable authority. Lighting of other parts of the Solar Energy Systems, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting structures.

(b) Construction and Electrical Codes. To the extent applicable, Solar Energy Systems shall comply with all construction and electrical codes as evidenced by successful inspections by the Licking County Building Code Department.

(c) Flood Hazard Overlay District (FHOD). Any Solar Energy System in the FHOD shall comply with the provisions of Section 1177.06(e) of this Code.

(d) Appearance and Signage. The factory or original equipment manufacturer identification and/or logo are permitted. Required signage and emergency services disconnect placard shall be appropriate warning signs (Danger-High Voltage or Caution-Electrical Shock Hazard or any other recognized safety precaution signage) installed at the base of the Solar Array.

(e) Roof Applications. Roof-mounted Solar Energy Systems shall be permitted in all zoning districts provided the system complies with all other requirements of zoning and building regulations, subject to the following restrictions.

(1) Pitched roof-mounted arrays shall be parallel to the roof. The distance between the roof and the uppermost portion of the solar panels shall not exceed twelve (12) inches.

(2) Roof-mounted arrays shall be compliant with Ohio Building Code (OBC), National Electric Code (NEC), Ohio Fire Code (OFC), and International Fire Code (IFC) based on review and approval by the Granville Township Fire Chief or their designee.

(3) Roof-mounted panels on a flat roof shall not project vertically more than two feet from the surface of the roof and shall be buffered as much as practical so they are not visible from public streets or adjacent properties.

(f) Ground Applications. Ground-mounted Solar Energy Systems shall only be authorized as a primary use in the Institutional District and Planned Commercial District; and only be authorized as an accessory use in all districts. The requirements below shall apply.

(1) Ground-mounted Solar Energy Systems shall be considered a Conditional Use, and will be subject to the Conditional Use Permit process as outlined in Chapter 1145 of this Code.

(2) Ground-Mounted Solar Energy Systems shall meet accessory structure standards outlined in Section 1157.14 of this Code.

(3) Ground-mounted Solar Panels located on the ground or attached to a framework located on the ground shall not exceed ten (10) feet in height above the adjacent grade.

(4) All related mechanical equipment, other than the actual photoelectric panels shall be fully screened from the ground-level view of adjacent properties by materials or plantings as approved by the Planning and Development Department, and must be maintained and effective through the life of the Solar Energy System.

(5) The bounds of a ground-mounted Solar Energy System shall not exceed seventy percent (70%) of remaining area lot coverage.

(6) For sites larger than one (1) acre, Ground-Mounted Solar Energy System applications shall also include the following

A. Dust and weed mitigation plan, which describes the methods of controlling overgrowth of groundcover and production of dust or other airborne nuisances produced as a result of the Solar Energy System.

B. Reclamation plan addressing removal of Solar Energy System during decommissioning. and demonstrating the restoration of site to reasonably similar condition prior to development.

C. A surface drainage plan, prepared and stamped by a state-certified Professional Engineer.

D. Landscape plan, showing existing trees and shrubs, those to be removed, and those to be planted.

(g) Solar Energy Systems in the Architectural Review Overlay District (AROD). In order to maintain the historic character of the AROD, the additional standards below shall apply to installation of Solar Energy Systems in the AROD. These standards apply to both primary and accessory structures.

(1) Solar Energy Systems shall be installed in a manner which does not damage or obscure character-defining features of an historic resource. Solar Panels should be located so as not to change an historic roofline or obscure the relationship of an historic roof to character-defining features such as dormers and chimneys.

(2) Installation of any Solar Energy System must be reversable and not damage the historic integrity of any structure.

(3) Siting of Solar Panels in relation to the public right-of-way described below shall be considered an administrative review per Chapter 1161.

A. On a rear-facing roof of a primary structure

B. On accessory structures, and not readily visible from the right-of-way.

C. Rear yard location not readily visible from the public right-of-way.

D. On a side-facing side roof of any structure that is not readily visible from the right-of-way.

(4) Siting of Solar Panels in relation to the public right-of-way described below shall be subject to Planning Commission approval per Chapter 1161.

A. On any structure readily visible from the right-of-way.

B. In a side yard area and visible from the public right-of-way.

C. On a front-facing roof of a primary or accessory structure.

(5) Ground-Mounted Solar Energy Systems are not permitted in any front yard in the AROD.

(h) Community Solar Energy Systems are a permitted use in the Institutional District and Planned Commercial District, and are a conditional use in all other districts.

(Ord. 16-2022. Passed 12-7-22.)

1192.06 ABANDONMENT.

The standards below shall apply to any Solar Energy System in the Village installed after the effective date of this Chapter and subsequently abandoned by the property owner.

(a) Upon abandonment or discontinuation of use, the owner shall physically remove the Solar Energy System within thirty (30) days from the date of abandonment or discontinuation of use. This period may be extended thirty (30) days at the request of the owner but only upon the approval of the Planning and Development Director. "Physically remove" shall include, but not be limited to:

(1) Removal of the Solar Energy System and related above grade structures.

(2) Restoration of the location of the solar energy system to its previous and/or natural condition, except that any landscaping and/or grading may remain in the after-conditions.

(3) Associated roof repairs shall be made within sixty (60) days of abandonment.

(Ord. 16-2022. Passed 12-7-22.)

1192.07 APPLICATION FEE.

A Zoning Application and fee of one hundred dollars ($100.00) is required to begin processing of Solar Energy System installation requests. The owners of any project of a size and scope requiring plans be reviewed and approved by the Village Engineer shall be responsible for the associated costs.

(Ord. 16-2022. Passed 12-7-22.)

1193.01 PURPOSE AND INTENT.

The Village of Granville lies in a valley and foothill landscape. Over time, many trees have grown or been planted by residents in the community. These trees, native and imported, provide beauty and protection from summer heat, increase property values, enhance community pride, preserve wildlife habitat, reduce air and noise pollution, and reduce soil erosion. Granville has earned the designation as a “Tree City USA” in recognition of the Village’s unique stewardship of this vital resource. Accordingly, the Village has determined that it is necessary for the public health and welfare to conserve tree resources by protecting trees from unnecessary destruction or removal, encouraging the replacement of trees lost to disease, natural hazards, or human intervention. The Village has also determined that street trees, park trees, and other trees on public lands contribute to the quality of life in the community. Chapter 1193 , Tree and Landscape Requirements, provides for the improvement and maintenance of the appearance and safety of and the protection, preservation, and promotion of the aesthetic appeal, character and value of the Village of Granville. The intent of this chapter is to establish mechanisms and policies for maintaining public trees so that the community may continue to enjoy the many benefits associated with trees.

(Ord. 11-06. Passed 9-20-06.)

1193.02 DEFINITIONS.

The following definitions are only for the purposes of this chapter:

(a) "Large tree" means any tree species which normally attains a full-grown height equal to or greater than fifty (50) feet.

(b) "Medium tree" means any tree species which normally attains a full-grown height of between thirty (30) and fifty (50) feet.

(d) "On-site landscaping" means the use of landscape materials within the innermost boundaries of the property.

(e) “Trunk caliper” means the diameter of the tree as measured eighteen (18) inches above the ground.

(f) "Treelawn" means the area either between the edge of the street pavement/curb and the edge of the sidewalk or the area from the edge of the street pavement/curb to the right-of-way line.

(Ord. 11-06. Passed 9-20-06.)

1193.03 APPLICABLE LANDS.

(a) No Zoning and Architectural Permit shall be issued for any new site development or redevelopment, otherwise permitted under Chapters 1163 , 1167 , 1169 , 1171 or 1175 , unless the landscaping provisions for such development as required by this Chapter are met.

(b) New Site Developments. Subdivision and development plans shall be designed to preserve natural vegetation areas as much as possible. Streets, parcels, structures and parking areas shall be laid out to minimize the destruction of wooded areas or outstanding tree specimens. Developers of land are encouraged to designate wooded areas as park reserves.

(c) Existing Structures. No building, structure or vehicular use area shall be constructed or expanded unless the minimum landscaping required by the provisions of this Chapter is provided.

(d) Expansions and/or additions to an existing single-family residential structure are exempt from the requirements of this Chapter.

(Ord. 11-06. Passed 9-20-06.)

1193.04 STANDARDS FOR TREES LOCATED ON NEW DEVELOPMENT SITES.

Subdividers or developers shall plant trees along public streets bordering and within their development in such a manner, type, quantity and location as determined by the Planning Commission. Any undeveloped street or existing street with undeveloped frontage shall conform to the following requirements at the time of the development:

(a) The spacing between trees shall be forty (40) feet for large trees, thirty (30) feet for medium trees and twenty (20) feet for small trees. The plans shall be submitted in accordance with Section 1193.10.

(b) The treelawns and tree sizes will match as follows:

Treelawn (feet)	Tree Size
3-6 Feet	Small
6-8 Feet	Medium
8 or more Feet	Large

(c) The tree location shall be at least thirty (30) feet from street intersections and ten (10) feet from fire hydrants or utility poles.

(d) (1) Developers shall be required to maintain trees for one (1) year after the trees are planted. Should any tree require replacement during this one (1) year period, the replacement period shall start at the date of replacement. Except as provided herein, the replacement period shall not extend beyond two (2) years from the original planting date.

(2) Upon completion of a street tree planting, the developer shall contact the Zoning Inspector for a preliminary inspection. The replacement period shall begin after the approval of the Zoning Inspector.

(3) The developer shall contact the Zoning Inspector for a final inspection to be made at the end of the replacement period. All trees not exhibiting a healthy, vigorous growing condition, as determined by the Village’s inspection, shall be replaced at the expense of the developer.

(4) In the event that the conditions of any trees cannot be ascertained due to the season of the year, the final inspection may, in the discretion of the Zoning Inspector, be deferred until the commencement of the next growing season.

(e) The minimum trunk caliper measured at eighteen (18) inches above the ground for all street trees shall be no less than one and three-quarter (1 ¾) inches.

(f) The Zoning Inspector shall submit a report to the Tree and Landscape Commission detailing the Inspector’s activities and actions undertaken pursuant to this section.

(Ord. 11-06. Passed 9-20-06.)

1193.05 STANDARDS FOR TREES PLANTED IN EXISTING RIGHTS OF WAY.

No street trees other than those species defined as a “small tree” in Section 1193.02 of this Chapter may be planted under or within fifteen (15) lateral feet of any overhead utility wire. Plantings over or within five (5) lateral feet of any valve box, underground water line, sewer line, transmission line or other utility shall require the approval of the Village Manager.

(Ord. 11-06. Passed 9-20-06.)

1193.06 MINIMUM LANDSCAPE REQUIREMENTS FOR VEHICULAR USE AREAS.

This section sets forth the minimum requirements that shall be met regarding the landscaping for vehicular use areas.

(a) Landscaping at Parking and Service Areas.

Any open parking area of more than four thousand (4,000) square feet in area and/or at least twelve (12) vehicular parking spaces shall be required to have on-site landscaping that may be in the form of islands or peninsulas. On-site landscaping shall encompass at least five percent (5%) of the total area of the parking lot. The preservation of existing plants is encouraged and shall be included in the consideration as to whether minimum landscape requirements have been attained.

(b) Minimum Tree Plantings.

A minimum of one (1) large tree per three thousand (3,000) square feet of ground coverage by structures and vehicular use areas is required.

Parked vehicles may not extend into the border of any landscape area. Curbs or wheel stops shall be provided to insure no overhang.

(d) Landscaping for Service Structures.

Service structures shall be screened. For the purpose of this Chapter, “service structures” includes but is not limited to loading docks, waste collections units, utility vaults which extend above the surface and other equipment providing service to a building or a site. Structures may be grouped together; however, screening height shall be one (1) foot more than the tallest of the structures.

(e) Location of Screening.

A continuous hedge planting, fence, wall or earth mound must enclose any service structure on all sides. Any service structure which must be daily moved or serviced shall require screening on all but one (1) side. The height of the screening material shall be one (1) foot more than the height of the structure, but shall not be required to exceed ten (10) feet in height. Whenever a service structure is located next to a building wall or vehicular use area, walls or screening material may fulfill the screening requirement for that side of the service structure if that wall or screening material is of an average height sufficient to meet the height requirement set out in this Chapter. Whenever service structures are screened by plant material, such materials may apply to the fulfillment of required landscaping. The type of screening or combination of screening types is subject to Planning Commission review and approval.

(Ord. 11-06. Passed 9-20-06.)

1193.07 TREE PLANTING REQUIREMENTS.

Use	Requirements
Planned Unit Development District	A minimum of two (2) trees (one on each side of the roadway) shall be provided for every fifty (50) linear feet of roadway.
Village Business, Planned Commercial, Suburban Business District, Planned Industrial, Institutional and Community Service District	In addition to the requirements of Section 1193.06 hereof for vehicular use areas, the following shall apply: there shall be landscaped areas equal to twenty (20) square feet for every one thousand (1,000) square feet of building ground coverage area or fraction thereof. Such landscaped areas shall contain trees, planting beds, hedges, fences, walls, earth mounds, benches or other materials designed and located in a manner complementary to the overall architecture of the surrounding buildings.

(Ord. 11-06. Passed 9-20-06.)

1193.08 LANDSCAPE MATERIALS FOR NEW DEVELOPMENT.

(a) The proposed landscape materials should complement the existing trees and plantings.

(b) Artificial plants are prohibited.

(d) Plants, planting and maintenance shall conform to the standards of the American Association of Nurserymen (ANN), American Standard for Nursery Stock, 1990 edition, ANN Publication #A2-40240, 1250 I Street NW, Suite 500, Washington, DC 2005.

(e) Plant material which does not survive shall be replaced by the owner within twelve (12) months after the material dies. Replacement of plants shall be of the same size, genus and species as originally planted.

(Ord. 11-06. Passed 9-20-06.)

1193.09 PLANNING COMMISSION DISCRETION.

If circumstances prevent compliance with the requirements as specified in Sections 1193.03, 1193.04 , and 1193.05 of this Chapter, the Planning Commission may alternatively allow the property owner or developer to meet the above requirements by planting the required plants at a place designated by the Tree and Landscape Commission.

(Ord. 11-06. Passed 9-20-06.)

1193.10 PLAN APPLICATION AND APPROVAL.

Whenever any property is affected by these landscape requirements, the property owner or developer shall prepare a landscape plan for review and approval. Such plans shall follow the same application requirements for site plans and shall contain all existing and proposed trees and landscape materials, including botanical names, common names, planting size, on center planting dimensions where applicable and quantities for all plants used.

The Planning Commission shall, prior to its consideration of a landscape plan, forward a copy of the plan along with any other information provided by the developer to the Tree and Landscape Commission for its review and recommendation. Upon receipt of the recommendation and/or comment from the Tree and Landscape Commission, the Planning Commission shall begin its review.

In the event recommendation is not received within thirty (30) days after the transmittal of the plan to the Tree and Landscape Commission, the Planning Commission may proceed in accordance with these regulations.

(Ord. 11-06. Passed 9-20-06.)

1194.01 PURPOSE.

This chapter is adopted for the following purposes:

(a) To protect environmental and public health, safety, comfort, convenience, and the general welfare of the citizens of the Village of Granville.

(b) To establish powers, duties, rules, regulations, and standards for the location and operation of backyard and small compost sites in the Village of Granville.

(c) To promote a program of waste reduction through source separation of organic materials from mixed municipal solid waste.

(d) To provide for the administration and enforcement of this chapter.

(Ord. 12-2019. Passed 7-17-19.)

1194.02 DEFINITIONS.

(a) The following words and phrases, when used in this chapter, shall have the meaning ascribed to them by this section:

(1) "Backyard Compost Site" means a site no greater than four (4) cubic yards used to compost food scraps, garden wastes, weeds, lawn cuttings, leaves, and prunings from a single family or household with the intention of using the resulting compost on-site.

(2) "Composting" means the controlled microbial degradation of source separated compostable material to yield a humus-like product or mulch to be used as a soil amendment.

(3) "Invasive Plants" are terrestrial plant species that have a high probability of becoming serious problems on the landscape if not managed correctly. Although an invasive plant is generally not regulated in Ohio until it becomes classified as a noxious weed, extreme care and consideration should be taken to ensure that these species do not spread across the landscape.

(4) "Non-Recyclable Paper" means paper products that are food-soiled or contain fibers too short for recycling. Examples include but are not limited to: paper plates, paper towels and napkins, facial tissue and tissue paper.

(5) "Poultry Litter" (Applicable Only to Open Space District) means bedding material, such as wood shavings, sawdust, or straw, that has been used in a chicken coop or broiler house floor and consists mostly of the bedding material, poultry manure, feathers and spilled feed.

(6) "Food Scraps" means limited organic waste material such as fruit and vegetable scraps, coffee grounds, tea bags, egg shells and breads, resulting from the handling, preparation, cooking and consumption of food.

(7) "Local Authority" means the Village of Granville and its officers, agents and administrators.

(8) "Mixed Municipal Solid Waste" means garbage, refuse and other solid waste from residential, commercial and community activities that the generator of the waste aggregates for trash collection.

(9) "Noxious Weeds" means an annual, biennial, or perennial plant that the Director of the Ohio Department of Agriculture designates to be injurious to public health, the environment, public roads, crops, livestock, or other property.

(10) "Organic Material" means yard waste, food scraps and compostable plastics meeting ASTM D6400 or ASTM D6868. It also includes community available compost ingredients.

(11) "Responsible Party for Composting Activities" means a person identified as the operator of a small compost site.

(12) "Small Compost Site" means a compost site where food scraps, yard waste, poultry litter generated on site only if the compost produced is used on site, non-recyclable paper, and compostable plastics meeting ASTM D6400 or ASTM D6868 can be composted so long as the volume of all materials on site (feedstock, composting material and curing compost) is less than sixty (60) cubic yards.

(13) "Source Separated Organics" means organic material that is separated from mixed municipal solid waste at the source by the waste generators for the purpose of composting.

(14) "Yard Waste" means garden wastes, leaves, lawn cuttings, non-regulated weeds, shrub and tree waste and prunings and twigs.

(Ord. 12-2019. Passed 7-17-19.)

1194.03 PROHIBITION ON DISPOSAL.

No person shall knowingly rake or deposit organic materials or mixed municipal solid waste on or into public or private streets (except as permitted for regularly scheduled Village leaf and brush pickup), storm sewers, drainage ditches, water retention basin, streams or lakes. Yard waste should not be deposited into mixed municipal solid waste.

(Ord. 12-2019. Passed 7-17-19.)

1194.04 BACKYARD COMPOST SITE.

(a) Location for Backyard Compost Sites.

(1) Composting containers shall be located and designed so that seepage from the compost will not run off into public or private streets, storm sewers, drainage ditches, water retention basins, streams or lakes, nor across adjoining property lines.

(2) No compost container may be located closer than twenty (20) feet to any residential dwellings, except the dwelling on the property at which the compost container is located.

(3) No compost container may be placed within twenty (20) feet of any body of water or area designated as 100-year flood plain or state protected wetland.

(b) Permitted Materials for Backyard Compost Sites. Permitted composting materials for a backyard compost site include food scraps, garden wastes, non-regulated weeds, lawn cuttings, leaves and prunings from a single family or household, as well as compostable plastics meeting ASTM D6400 or ASTM D6868.

(c) Prohibited Materials for a Backyard Compost Site. The following compostable materials shall not be placed in a backyard composting container: meat, fish, poultry and bones, fats, oils, grease and lard, whole eggs, milk or other liquid dairy products, human or pet wastes, pesticides, herbicides, noxious weeds and any other mixed municipal solid waste that may cause a public health risk or create nuisance conditions.

(d) Composting Container for Backyard Compost Site. All composting must occur in a container constructed out of wood, wire mesh, concrete block, plastic, or a combination thereof, or in a commercially available compost bin designed for composting organic materials. Composting containers shall be enclosed on at least three (3) vertical sides, and shall be designed to reduce or prevent scavenging to the extent practicable.

(e) Volume and Height of Backyard Compost Site. Backyard compost sites shall not exceed a total of four (4) cubic yards in volume. The maximum height of the composting container shall be five (5) feet.

(f) Maintenance. Compost materials shall be layered, aerated, moistened, turned and managed to promote effective decomposition of the materials in a safe, secure and sanitary manner. Backyard compost sites must be maintained to minimize nuisance conditions.

(g) Compost Use. When the composting process is finished and the compost resembles a soil-like humus or mulch material, it shall be used as a soil amendment. Finished or unfinished compost shall not be used in a manner causing a nuisance.

(Ord. 12-2019. Passed 7-17-19.)

1194.05 SMALL COMPOST SITE.

(a) Location for Small Compost Sites.

(2) Small compost sites are allowed in the Open Space District, and as an accessory to a community garden in the Suburban Residential District and the Planned Unit District. Small compost sites may not be located closer than twenty (20) feet to any residential dwellings, except the dwelling on the property at which the compost pile is located.

(3) No compost activities may be conducted within twenty (20) feet of any body of water or area designated as flood plain or protected wetland.

(b) Permitted Materials for Small Compost Sites. Permitted composting materials for a small compost site include food scraps, garden and yard wastes, non-regulated weeds, lawn cuttings, leaves and prunings, poultry litter generated on-site only if the resulting compost is used on-site (Applicable Only to Open Space District), non-recyclable paper, and compostable plastics

meeting ASTM D6400 or ASTM D6868.

(c) Prohibited Materials for Small Compost Sites. The following compostable materials shall not be placed on a small composting pile: fats, oils, grease and lard, meat fish, poultry and bones, dairy, whole eggs, milk or other liquid dairy products, human or pet wastes, pesticides, herbicides, noxious weeds, charcoal or Duraflame ashes, treated wood products, animal manure, diapers, sanitary products, pet wastes or animal carcasses.

(d) Composting Operations at Small Compost Sites. All composting shall occur in a controlled, safe, and sanitary manner so as to minimize the creation or maintenance of any nuisances.

(e) Volume of a Small Compost Site. Any compost site that is allowed to compost more materials than permitted in a backyard compost container or with more than four (4) cubic yards of material on site at any one time is a small compost site. Small compost sites cannot exceed sixty (60) cubic yards of material on site at any time.

(f) Maintenance of Small Compost Sites. Compost materials shall be layered, aerated, moistened, turned and managed to promote effective decomposition of the materials in a controlled, safe and sanitary manner.

1194.06 NUISANCE.

A backyard compost site or a small compost site must not be established or maintained in a manner such that it creates an unreasonably odorous or offensive condition including but not limited to pest or insect infestation or other nuisance, and any composting shall be suspended or terminated if at any time the local authority determines that such a nuisance exists or that conditions exist constituting a fire hazard or health hazard, or if there is a threat to surface or groundwater from run-off. The local authority may require individuals whose compost site and/or materials are not in compliance with this section to attend a composting or similar educational program as a condition of continuing to compost on property which has been determined to be in violation of this chapter. (Ord. 12-2019. Passed 7-17-19.)

1194.07 VIOLATIONS.

It is unlawful to conduct composting operations in violation of the requirements and limitations of this chapter. In addition to the enforcement methods and penalties available under Chapter 1137 of the Granville Planning and Zoning Code, such violations may be abated as a nuisance as provided in Chapter 3767 of the Ohio Revised Code.

(Ord. 12-2019. Passed 7-17-19.)

1194.08 SEVERABILITY.

Should any section, subdivision, clause or other provision of this chapter be held to be invalid by any court of competent jurisdiction, such decisions shall not affect the validity of the chapter as a whole, or of any part thereof, other than that part held to be invalid.

(Ord. 12-2019. Passed 7-17-19.)

1195.01 PURPOSE AND INTENT.

The purpose of the Traffic Impact Study Ordinance is to promote the public health, safety and welfare by ensuring adequate transportation facilities to manage growth, development and redevelopment. The Traffic Impact Study Ordinance is intended to establish fair and equitable requirements for roadway infrastructure improvements for applicants seeking approvals for rezoning, zoning variances, special permits, and preliminary subdivision plats for large-scale projects. To further this intent, the Village has determined it to be fitting to require the submission of an appropriate traffic study with each application.

The primary objectives of a traffic study are as follows:

(a) Provide a basis for assessing the transportation impacts of a new development or expansion of an existing development; identify the need for any improvements to the supporting roadway system to provide satisfactory levels of service; and, to address safety issues.

(b) Address relevant transportation issues associated with development proposals that may be of concern to neighboring residents, businesses, and property owners.

(c) Determine the appropriate location, spacing, and design of the access system for the proposed development in compliance with Village standards.

(d) Evaluate the internal circulation and connectivity systems of the proposed development to provide safe and efficient internal traffic flow and access to/from the adjacent and nearby roadway system.

(e) Allow compliance with the most current edition of the Village Thoroughfare Plan (or other applicable thoroughfare plans).

(f) Provide a basis for improvement and funding discussions in conjunction with zoning, special permit, and subdivision plat approvals.

(Ord. 05-05. Passed 3-2-05.)

1195.02 TRAFFIC STUDY WARRANTS.

The need for either a detailed traffic impact study or a limited traffic operations analysis will be identified when rezoning, variance, or plan approval petitions are filed (or discussed with public officials). The Village may also identify the need for a traffic impact study or operations analysis in response to an access permit application.

(a) Study Warrants for a Traffic Impact Study: A complete traffic impact study (TIS) will be requested for any proposed development or redevelopment that meets one or more of the following criteria:

(1) Significantly-sized project. A development meets this criterion if it generates more than 10 trip ends (i.e., two-way vehicle-trips) during any one hour of an average weekday. These trip ends shall be calculated using the latest edition of Trip Generation as published by the Institute of Transportation Engineers (or upon special studies of unique land-uses as approved by the reviewers).

(2) Modifications to roadways. This criterion is met when the proposed development is expected by the reviewers to significantly impact a roadway segment, or roadway segments, identified in the Thoroughfare Plan and/or improvement programs of the Village, Township, County, State, or other jurisdictions. This criterion is also met when access for the proposed development occurs on a public road that may be widened or improved in accordance with adopted Thoroughfare Plans.

(3) Nearby congestion. A development meets this criterion if the proposed development is expected, in the opinion of Village staff, to significantly impact surrounding roadways, intersections, or sets of intersections which are already operating at level of service "D" or worse during any hour (on a design day, or days, selected for analysis purposes). The level of service will be determined by an analysis prescribed in the current edition of the Highway Capacity Manual (Transportation Research Board) using data that reflects the current traffic conditions.

(4) High traffic impact area. This criterion is met when, in the opinion of Village staff, the proposed development is located in a high traffic impact area. Such reflects special sensitivity to traffic condition changes due to existing congestion, problematic circulation patterns, burgeoning traffic operations problems, or other traffic conditions of special concern. A traffic impact study will be requested for any proposed new development or modifications to existing development within a high traffic impact area.

(b) Study Warrants for a Traffic Operations Analysis. A traffic operations analysis will be requested for petitions which do not meet the warrants for a detailed traffic impact study. A traffic operations analysis will be requested for any one of the following conditions:

(1) Requests for a driveway (or driveway modification) on any public road.

(2) Existing sight distance limitations or high accident experience adjacent to the subject site.

(3) Modifications to a site plan for an existing development where the parking layout and/or internal circulation system could affect traffic operations on the external roadway system.

(4) Requests or probable need for a new traffic signal to control driveways serving a proposed or existing development.

Examples of traffic operations analyses include studies of proposed driveway locations, resulting sight distances, driveway and intersection geometry and control, turn lane needs and design, accommodation of projected queuing conditions, accident experience and safety, and traffic signal warrant and progression analysis.

(Ord. 05-05. Passed 3-2-05.)

1195.03 PRE-MEETING AND MEMORANDUM OF UNDERSTANDING.

Prior to commencing the preparation of a Traffic Impact Study, the preparer shall schedule a meeting with appropriate Village staff. Other participants in this pre-meeting shall be representatives of other jurisdictions and agencies as deemed appropriate by Village personnel. The participants at the meeting shall identify and agree upon the following issues and needs prior to the preparation of the TIS:

(a) Study area

(b) Study years

(d) Field data collection requirements

(e) Acceptable data associated with traffic volumes, accident history, and signal operations

(f) Peak traffic hours (analysis hours)

(g) Trip generation, trip distribution, and assignment methods

(h) Applicable planning documents (including the Village’s Thoroughfare Plan and Access Management Plan)

(i) Other traffic impact studies prepared for developments in the study area

(j) Utilization of travel demand models

(k) Background traffic and growth factors

(l) Acceptable levels of service (LOS)

(m) Analyses methodology and software (capacity, signal warrants, etc.)

(n) Safety issues (sight distances, accident data, etc.)

(o) Committed and planned roadway improvements and schedule

(p) TIS submittal date

The preparer shall submit a Memorandum of Understanding (MOU) which details the assumptions and methodologies agreed upon regarding the items above – and the preparer shall request Village staff concurrence with the contents of the MOU. The MOU should be submitted to the Village within one-week subsequent to the pre-meeting. The MOU will be approved by Village staff within one week of receipt – assuming that all items are properly addressed.

(Ord. 05-05. Passed 3-2-05.)

1195.04 PREPARER QUALIFICATIONS.

Traffic Impact Studies shall be prepared by professionals with training and experience in traffic engineering/transportation planning and under the supervision of a registered professional engineer in Ohio with training and experience in traffic engineering (operations and safety analysis experience). The preparer shall not be a member of the TIS review team; neither shall the preparer be related to a review team member nor hold a financial interest in the project under study.

(Ord. 05-05. Passed 3-2-05.)

1195.05 STUDY AREA.

Any complete transportation study analyzing off-site access needs and impact will include at least all site access points and major intersections (signalized and unsignalized) adjacent to the site. Beyond this area, the review team will determine any additional area to be included based on local or site specific deficiencies, development size, traffic conditions, or local policy potentially affected by the proposed development. The study area will also encompass vacant parcels of land believed to impact the intersections being analyzed so as to analyze the proposed project in the context of other previously approved or anticipated developments in the surrounding area. Generally, the study area must be large enough to encompass the critical intersections to be analyzed. In high traffic impact areas, the study area may include the entire zone in order to capture the cumulative impact of future development within the area.

(Ord. 05-05. Passed 3-2-05.)

1195.06 STUDY HORIZON YEARS.

Beyond the assessment of current conditions, traffic impact studies are to address conditions in the anticipated opening year of the proposed development assuming full build-out and occupancy. If the proposed development is to be implemented in phases, it may be appropriate to analyze each major phase (e.g., initial phase, an intermediate phase, and full project build-out) in order to define the potential for staging defined roadway improvements/modifications.

In certain circumstances, it may also be appropriate to assess traffic conditions in a horizon year that is compatible with long-range planning for the study area. Such analyses may be requested in order to confirm that near-term roadway improvements/modifications are compatible with the long-term thoroughfare plan for the area.

(Ord. 05-05. Passed 3-2-05.)

1195.07 TIME PERIODS TO BE ANALYZED.

For each defined horizon year, specific time periods are to be analyzed. In most cases, only analyses of street peak hours will be required. However, land-use classifications which experience their highest trip generation levels during periods other than street peak hours may require analyses for such periods to determine proper site access and turn lane storage requirements. Examples of land-use classifications which typically have substantially higher site trip generation peaks at times other than weekday street peak hours are: shopping centers, discount stores, recreational uses (e.g., theaters, zoos, theme parks, stadiums, and arenas), restaurants, schools, churches, and garden centers.

The analysis time period (and condition) should be discussed and designated by the reviewers at the initial meeting. The objective is to designate the design day(s) and time period(s) so as to cause evaluation of conditions during the design hour or design hours. The selection of the proper design day and hour is particularly important for a development which exhibits significant seasonal variations in trip generation (such as shopping centers). Special consideration must also be given to a development located in a zone that experiences (or will experience) significant seasonal variations in traffic volumes due to unique land uses.

The design hour(s) to be used in a TIS will be discussed and designated by the reviewers at the initial meeting. At a minimum, all studies must include assessments of conditions during both the AM and PM peak commuter hours (unless otherwise directed by Village staff).

(Ord. 05-05. Passed 3-2-05.)

1195.08 DEVELOPMENT TO BE ANALYZED.

The total anticipated transportation infrastructure requirements in the study horizon year(s) are needed so that the Village can accurately evaluate implications associated with the applicant's request for development approval. However, the impacts and infrastructure needs will be assessed separately for the baseline condition (horizon year development excluding site) and total development (horizon year development including site).

(a) Site Development. Development proposed to be located on the site under study should be categorized by specific land-use type consistent with classifications contained in the latest edition of Trip Generation (Institute of Transportation Engineers). The proposed number of development (building) units (e.g., gross square feet of building area, dwelling units, hotel rooms, etc.) should be provided. Land area is insufficient to provide a basis for analysis. If the proposed land use or density is inconsistent with the current land use plan, comparison of the proposed land use and the land use plan recommendation should be made using classifications contained in the Trip Generation report.

(b) Non-Site Development within Study Area. The impacts of the anticipated non site development should be assessed separately from those of the proposed development to aid both the Village and the applicant in the determination of sources of transportation infrastructure needs. All significant developments within the study area that have been approved or are likely to occur by the specific horizon years should be identified and incorporated into the study. The land-use type and magnitude of the probable future developments in the horizon years should be identified in conversations with staff of the Village and other relevant public agencies.

(c) Non-Site Outside Study Area. In some cases, the Village may request the applicant to specifically consider and include traffic generated by large developments located outside the defined study area. In such cases, a TIS prepared for the identified development will be provided to the applicant by the Village to permit the inclusion of relevant traffic volumes within the subject TIS. The applicant will not be required to undertake vehicle- trip generation and trip distribution for developments outside the study area.

(Ord. 05-05. Passed 3-2-05.)

1195.09 TRAFFIC IMPACT STUDY GUIDELINES AND REPORT OUTLINE.

The following provides an overview of the Traffic Impact Study (TIS) process methodologies, and requirements. The outline highlights the exhibits (i.e., figures, tables, or other graphics) that are expected to be included in the TIS report.

1. Title Page

1.1. Development name

1.2. Location

1.3. Applicant’s name

1.4. Preparer’s name, address, phone number

1.5. Date of original report

1.6. Report revision date (when applicable)

2. Introduction

2.1. Purpose of report and study objectives (reference accepted Memorandum of Understanding; include in Appendix).

2.2. Proposed site development (zoning, land-use and anticipated size or quantity, location {Exhibit}, site plan {Exhibit}, phasing and timing).

2.3. Summary of revisions in the submittal (for revised reports only).

3. Area Conditions

3.1. Study area boundaries {Exhibit}.

3.2. Study area land uses (existing, anticipated future development).

3.3. Site accessibility (existing and future roadway system; document basic features to include jurisdiction, functional classification, pavement widths, lane usages, traffic control devices, speed limits, etc.).

3.4. TIS intersections (defined in the Memorandum of Understanding)

3.4.1 Lane usages and traffic control devices {Exhibit}.

3.4.2 Existing traffic volumes (AM and PM peak hour volumes {Exhibit} and other hours as requested {Exhibit}, include count information in Appendix ).

3.4.3 Sight distances (compare existing distances with established criteria).

3.4.4 Accident experience (if requested).

4. Traffic Volume Projections (for each horizon year)

4.1. Background traffic volumes (composed of existing volumes, accepted general growth rate for through traffic, and traffic generated by previously-approved new developments in the study area) {Exhibit}.

4.2. Site generated traffic volumes (trip rates, distribution, assignment) {Exhibit}.

4.3. Total traffic (background plus site) {Exhibit}. Exhibits must clearly show (1) Background, (2) Site, and (3) Total Traffic Volumes at each TIS intersection—for each study period and for each horizon year.

5. Traffic Operations

5.1. Capacity and level of service calculations for each TIS intersection (or applicable roadway element):

5.1.1. Existing conditions (i.e., current volumes on existing roadway system).

5.1.2. Horizon year background traffic conditions (i.e., projected background volumes on existing roadway system). If improvements/modifications to the existing roadway system are planned and programmed, Village staff will provide this information to the applicant and the improved roadway system will be used as a base for testing horizon year traffic conditions – as appropriate.

5.1.3. Horizon year total (i.e., non-site plus site) traffic volumes on existing (or planned and programmed) roadway system.

5.1.4. Horizon year total traffic volumes on improved/modified roadway system that mitigates the traffic impacts of the proposed development.

5.1.5. Produce a table {Exhibit} for each TIS intersection, study period, and study horizon year listing the level of service and delay (or v/c ratio) by (1) individual movement, (2) approach leg, and (3) overall for:

5.1.5.1. Existing conditions (Item 5.1.1 above).

5.1.5.2. Background conditions (Item 5.1.2 above).

5.1.5.3. Total conditions on existing roadway system (Item 5.1.3 above).

5.1.6. Through an iterative process, identify improvements/modifications that will mitigate the traffic impacts of the proposed development; expand the Exhibit table in 5.1.5. above to show how the improvements/modifications will mitigate the impacts by movement, approach leg, and overall. Table 1 provides an example of the requested information and format.

5.1.7. The minimum acceptable design level of service (LOS) in the Village is “C”. At intersections, analyses should show an overall LOS of “C” with no individual movement operating at less than “D” to be acceptable. If the analyses of background conditions show that conditions with only non-site traffic will result in a level of service below these criteria, the preparer should document this finding and ascertain the level of improvement needed to maintain at least the base level of service once site traffic is added. In other words, where unacceptable levels of service are calculated for background conditions (Item 5.1.2 above), the applicant is responsible for only maintaining the same level of service when site traffic is added to the roadway element.

5.1.8. Provide a scaled concept sketch {Exhibit} illustrating the improvements/modifications that properly mitigate the traffic impacts of the proposed development. Suggested improvements/modifications must be practical and acceptable to the appropriate agency/jurisdiction.

5.1.9. The computer printouts associated with all referenced capacity analyses must be included in the Appendix.

Table 1

SUMMARY OF INTERSECTION CAPACITY ANALYSES (EXAMPLE)

Intersection: SR 28 @ Woods Point Drive

Time Period: 5:00 – 6:00 PM

Year	2004			2010		2010			2010			Mitigation
Volumes	Existing			Background		Total			Total			Measure
Geometrics	Existing			Existing		Existing			Proposed
	Delay (sec)	LOS	Delay (sec)		LOS		Delay (sec)	LOS		Delay (sec)	LOS

North Approach	-		-
RT	-		-				48.4	D		26.3	C
TH	-		-				162.8	F		47.7	D
LT	-		-				162.8	F		47.7	D
Approach							91.2	F		34.3	C
South Approach
RT	25.7	C	33.9		C		83.9	F		40.9	D
TH	25.7	C	33.9		C		83.9	F		40.9	D
LT	25.7	C	33.9		C		83.9	F		40.9	D
Approach	25.7	C	33.9		C		83.9	F		40.9	D
East Approach
RT	-		-				122.3	F		20.1	C
TH	5.7	A	5.9		A		122.3	F		20.1	C	Add Through Lane
LT	4.4	A	4.9		A		4.8	A		10.4	D
Approach	5.7	A	5.9		A		121.9	F		20.0	C
West Approach
RT	10.1	B	18.3		B		4.6	A		11.7	B
TH	10.1	B	18.3		B		4.6	A		11.7	B
LT	-		-				205.8	F		46.4	D
Approach	10.1	B	18.3		B		15.3	B		13.5	B

Overall	10.9	B	13.6		B		60.1	E		17.1	B

_________________

Timings optimized for year 2010 conditions

5.2. Traffic operations, safety, and control at TIS intersections:

5.2.1. Warrant analyses for left and/or right turn lanes; if warranted, define required lengths.

5.2.1.1. Left turn lanes should be provided at site driveways or at unsignalized intersections in accordance with the following conditions:

5.2.1.1.1. Per Graph 1, 2, or 3 (the left turn warrant charts) contained in the ODOT State Highway Access Management Manual, or

5.2.1.1.2. On major and minor arterial roadways with posted speed limits greater than 40 mph, or

5.2.1.1.3. On major collector roadways with posted speed limits greater than 40 mph and more than 10 left turning vehicles during a design hour.

5.2.1.1. Right turn lanes should be provided in accordance with Graphs 4, 5, 6, or 7 (the right turn warrant charts) contained in the ODOT State Highway Access Management Manual with the following exceptions:

5.2.1.2.1. Right turn lanes are not required for right turn volumes less than 10 vehicles during a design peak hour.

5.2.1.2.2. Right turn lanes are not required when there are less than 200 vehicles (during a design hour) in the approach or curb lane for roadways with more than one approach lane.

5.2.1.3. Left or right turn lanes may also be provided when deemed necessary for safety purposes by Village representatives.

5.2.1.4. The length of left and right turn lanes should be based on the criteria contained in the ODOT Location and Design Manual or, where appropriate, on the results of queuing analyses associated with the capacity calculations.

5.2.2. Queue analyses; describe critical queue lengths and provisions for proper storage lengths.

5.2.3. Sight distance analyses; define required sight distances and necessary measures to yield the appropriate distances.

5.2.4. Warrant analyses for the installation of traffic signals if such are recommended as a mitigating measure.

5.2.4.1. Signal Warrants as contained in the latest edition of the Ohio Manual of Traffic Control Devices (OMUTCD) shall be used for any formal request associated with the installation of a traffic signal.

5.2.4.2. If a signal is shown to be warranted in a horizon year, but is not warranted on opening day, estimates shall be made regarding the year that the signal may become warranted.

5.2.4.3. In general, the Village does not install a traffic signal unless the criteria specified in Warrant 1 (Eight-Hour Vehicular Volume) are met. Table 2 provides a general guideline associated with this warrant.

5.2.4.4. Any intersection that meets signal warrant thresholds must also be evaluated in terms of location and spacing based on the standards noted in the Village’s Access Management Standards, or the ODOT State Access Management Manual if applicable, for the access category assigned by the Village’s Thoroughfare Plan.

5.2.4.5. Signal warrant analyses may be conducted using projected traffic volumes to identify the potential need for the installation of traffic signals. However, traffic signals will not be installed unless: (1) the subject intersection is unquestionably projected to meet warrants on opening day of the development, or (2) actual counts at the intersection meet warrant thresholds.

Table 2

GENERAL GUIDELINE FOR TRAFFIC SIGNAL WARRANT 1

EIGHT-HOUR VEHICULAR VOLUME

Condition A: MINIMUM VEHICULAR VOLUME
Number of Approach Lanes		Average Daily Traffic
MAJOR	MINOR	MAJOR	MINOR
1	1	8,300	5,000
2 or more	1	10,000	5,000
2 or more	2 or more	10,000	6,700
1	2 or more	8,300	6,700

Condition B: INTERRUPTION OF CONTINUOUS TRAFFIC
Number of Approach Lanes		Average Daily Traffic
MAJOR	MINOR	MAJOR	MINOR
1	1	12,500	2,500
2 or more	1	15,000	2,500
2 or more	2 or more	15,000	3,300
1	2 or more	12,500	3,300

When the 85th percentile speed of major street traffic exceeds 40 mph in either an urban or rural area, or when the intersection lies within the built-up area of an isolated community having a population of less than 10,000, the warrants are 70% of the guidelines above.

5.2.5. Recommendations regarding speed limits.

5.2.6. Impact on current high-accident locations.

5.2.7. Accommodation of school zones, pedestrian and bicycle movements, transit system requirements, service and emergency vehicles, etc.

5.3. Site access circulation and parking:

5.3.1. On-site parking needs.

5.3.2. Ease of internal circulation.

5.3.3. On-site queuing provisions.

5.3.4. On-site traffic operations and control (as they may affect traffic operations on the external roadway system) {Exhibit}.

5.3.5. Design of site driveways to include pavement widths, lane usages, proposed median widths, traffic control devices, etc. {Exhibit}.

6. Findings and Recommendations

6.1. Site accessibility (site access and circulation plan).

6.2. Traffic impacts generated by the proposed development.

6.3. Recommended mitigating measures; i.e. improvements/modifications that properly mitigate the site-generated traffic impacts—to include phasing if appropriate.

6.4. Compliance with applicable local codes, MUTCD, location and design manuals, etc.

(Ord. 05-05. Passed 3-2-05.)

1195.10 SITE ACCESS AND ROADWAY PLANS.

(a) Plans showing site access and any roadway improvements/modifications shall be submitted with all requested traffic impact studies and/or traffic operations analyses. These plans should be at a scale of 1 inch equal to 100 feet or larger (e.g., 1" = 50', 1" = 20'). The required scale depends upon the stage and level of planning/design and will be specified by the appropriate reviewer(s).

(b) The site access and roadway plan(s) shall be of sufficient detail to show:

(1) Location and spacing of all site access points and driveways (including relationships to other nearby roadways, intersections, and driveways),

(2) External roadway improvements/modifications,

(3) Lane configurations and control,

(4) Queuing and vehicle storage distances,

(5) Spacing of traffic signals to permit proper traffic progression on the adjacent roadway system,

(6) Sight distances,

(7) Adequate pedestrian, bicycle, and public transit provisions (if applicable),

(8) Sufficient emergency and service/delivery access, and

(9) Proper on-site circulation and parking layout so as not to affect traffic flow and operations on the external street system.

(c) More detailed location and design studies may be requested to deal with such items as geometrics, right-of-way requirements, topography, physical constraints, and sight distances.

(Ord. 05-05. Passed 3-2-05.)

1195.11 SUBMITTAL REQUIREMENTS.

(a) All traffic impact studies and traffic operations analyses will be documented in a report. The report will describe:

(1) Proposed development,

(2) Existing conditions,

(3) Study procedures,

(4) Data collected,

(5) Findings of analyses, and

(6) Conclusions and recommendations.

Site access and roadway plans can be included in the body of the report or provided as attachments.

(b) Reports should be complete and concise. Letter or memorandum reports may be acceptable for studies of limited scope. All reports will be reviewed by Village staff and those requiring additional information or revision will be discussed with the preparer and returned for revisions.

2 copies without technical appendices (bound)

1 copy with technical appendices (bound)

1 copy with technical appendices (unbound)

(d) Additional copies may be requested if other jurisdictions are involved with the review process. (Ord. 05-05. Passed 3-2-05.)

1195.12 PUBLIC RECORD.

Traffic Impact Studies, including both reports and data, become public record upon submittal. Information contained in these submittals may be used by agency staff or other study preparers in subsequent studies. The original sources of reused information should be cited when taken from prior submittals. (Ord. 05-05. Passed 3-2-05.)

INITIAL MEETING CHECKLIST Date

Project Name

Location

Meeting Attendance

Name Organization Phone

Applicant Name

Preparer Name

Firm

Address

Phone Email

Development Description

Land-Use Type and Size

Proposed Site Access System

Study Type

Study Area and Intersections

Study Years

Study Days and Hours

Page 1 of 3

Programmed Transportation Improvements

Horizon Year Roadway System

Off-Site Development(s)

Prior TIS Reports

Available Traffic Count Data

Traffic Growth Factors and/or Modeling

Trip Generation Factors

Permitted Trip Reduction Factors and Pass-By Factors

Traffic Distribution Methodology

Capacity Analyses Requirements and Software

Signal System Analyses and Parameters

Sight Distance Studies

Accident/Safety Studies

Page 2 of 3

Other Items and Issues

1196.01 PURPOSE AND INTENT.

Access Management is an efficient way of dealing with the problems associated with traffic congestion and safety caused by motorists turning at driveways and intersections. Congestion and the threat of accidents become greater as the number of driveways and intersections increase and the distance between them decreases. Without Access Management, roadways and intersections can become dangerous.

The Village of Granville has adopted an Access Management Plan based on the following principles:

• To promote public safety by minimizing accidents.

• To improve the driving experience by increasing mobility and decreasing delay.

• To provide necessary and safe access to property.

• To minimize costs by making more efficient use of existing and proposed roads.

All highways, roads and streets form a hierarchy according to the function they theoretically should serve. They serve traffic mobility, land access, or some combination of these two. Interstates and expressways are at the highest level; their primary function is mobility, so they have the strictest access controls. At the other end of the scale are local streets serving low traffic volumes at low speeds over short distances. Their primary purpose is to give frequent, direct access to adjacent land, so restrictions are minimal.

Between these extremes are the classes of arterials and collectors that make up the bulk of the system. They include many of the most important roadways in the Granville area -- and they are often expected to perform multiple and conflicting traffic services. They must serve both the demand for mobility and the demand for land access.

The Village has adopted an Access Management Plan that considers:

(a) Modifications to existing roadways to provide better access management,

(b) Proper access management along all new roadways, and

The following sets forth the guidelines associated with the location and design of access points. Reference should also be made to Chapter 1176 “Transportation Corridor Overlay District” for access standards set forth for properties located within these areas.

(Ord. 04-05. Passed 3-2-05.)

1196.02 ROAD ACCESS CATEGORIES AND CHARACTERISTICS.

The roadways located in Granville have been categorized according to their functional and operational intent. The categories are based on maintaining the roadway’s function in terms of capacity, traffic flow, property access, and safety. The functional descriptions of the six basic categories are as follows:

(a) Category I: Designed and intended to provide mobility for high volumes of traffic at high speeds over long distances. Highways in this category are typically designed and intended to achieve a minimum posted speed of 55 mph. All interstate and freeway facilities are included in this category.

(b) Category II: Designed and intended to provide mobility for relatively high speed, high volume, and long distance through traffic. Highways in this category are typically designed and intended to achieve a minimum posted speed of 50 mph in areas without signals and 45 mph in areas with signals. This category includes arterials of state-wide significance and this is the highest category allowing at-grade intersections.

(c) Category III: Designed to provide mobility at moderate to high speeds and volumes. Typically, Category III highways provide for a minimum posted speed of 45 mph in areas without signals and a minimum of 35 mph in areas with signals. Arterials outside the urban area are included in this category.

(d) Category IV: Designed and intended to provide access and mobility at moderate to high speeds and volumes for moderate to short distances in rural areas and low to medium speeds and volumes in urban areas. Low to moderate speed arterials within the urban area and major collectors are included in this category. Typically, Category IV highways provide for a minimum posted speed of 35 to 55 mph in undeveloped areas and 25 to 45 mph in developed areas.

(e) Category V: This category applies to roads and streets designed and intended to take traffic from local roads, carry it a short distance, and distribute it to higher category roadways. Minor collectors and neighborhood collectors are included in this category. Typical posted speeds are 25 to 35 mph.

(f) Category VI: This category applies to local streets that provide access to individual properties that abut the street.

(Ord. 04-05. Passed 3-2-05.)

1196.03 DRIVEWAY TYPES.

(a) A driveway is a point of access connecting an adjacent property to a public roadway. There are five types of driveways, as follows:

(1) Farm or Field Drives: A driveway providing access to an agricultural tract of land.

(2) SF Residential: A driveway providing access to a single-family residence.

(3) Residential: A driveway providing access to multiple single-family residences or to multi-family dwelling units.

(4) Commercial: A driveway providing access to an office, business, commercial, or institutional building or buildings, or to an industrial facility (that services fewer than ten trucks per day).

(5) Industrial/Retail: A driveway serving a retail center (such as a community shopping center) or an industrial facility (that services ten or more trucks per day).

(b) For Access Management purposes, driveways are also classified by traffic volumes as follows:

(1) Low Volume Driveway (LVD): greater than 5 and up to 100 two-way vehicle-trips in one or more 60-minute periods of a day.

(2) Medium Volume Driveway (MVD): greater than 100 and up to 200 two-way vehicle-trips in one or more 60-minute periods of a day.

(3) High Volume Driveway (HVD): greater than 200 two-way vehicle-trips in one or more 60-minute periods of a day.

(Ord. 04-05. Passed 3-2-05.)

1196.04 DRIVEWAY LOCATIONS AND SPACING.

(a) The number of driveways afforded any one site shall be minimized. (The need for more than one driveway must be substantiated by a Traffic Impact Study).

(b) Access for multiple properties shall be combined, where feasible.

(c) Driveways shall be located in accordance with applicable sight distance requirements (Stopping Sight Distance (SSD) and Intersection Sight Distance (ISD) as contained in Section 200 of the ODOT Location and Design Manual).

(d) Minimum driveway spacing – based on posted speed limits -- shall be determined using the values for high speed roadways (greater than 40 mph) and low speed roadways (equal to or less than 40 mph) as follows:

High Speed Road		Low Speed Road
Posted Speed	Minimum Distance	Posted Speed	Minimum Distance
45 mph	500 ft.	25 mph	150 ft.
50 mph	550 ft.	30 mph	200 ft.
55 mph	600 ft.	35 mph	250 ft.
		40 mph	325 ft.

(e) Driveway spacing shall consider the location of driveways on both sides of a roadway.

(f) Driveways shall be located where they will not cause problems with movements to and from an existing or planned street, highway, or driveway on the opposite side of the roadway.

(g) Driveways shall be located a sufficient distance from an adjacent public road intersection so as not to interfere with the traffic operations at the intersection. The following table provides the minimum acceptable distances between drive locations and adjacent intersections. For all access categories, where two roads of different access levels intersect, the restrictions and distances of the higher level roadway will apply along the lower classified roadway. (The defined distances are measured from the centerline of the intersecting road to the centerline of the proposed driveway).

Recommended Drive Distances from Intersection by Classification

Higher Roadway Classification	Distance from Intersection
Intersecting Category I, II, or III Roadway	600 feet
Intersecting Category IV or V Roadway	300 feet

(Ord. 04-05. Passed 3-2-05.)

1196.05 ACCESS MANAGEMENT STANDARDS.

This section defines the standards and specifications to be used in conjunction with the access categories and driveway types to protect the functional integrity of roads in and near the Village. The following describes the access standards to be applied for each access category.

Category I and II Roadways: Reference the latest version of the ODOT State Highway Access Management Manual.

Category III, IV, and V Roadways:

Roadway	Driveway	Permitted?	Minimum Spacing (a)(b)	Traffic Control	Movements
Category III
	HVD	Yes (c)	½ mile (d)	Signal if warranted	All (e)
	MVD	Yes (c)	SSD/ISD & Table (f)	Stop	All (e)
	LVD	Yes (c)(g)	SSD/ISD & Table (f)	Stop	All (e)
Category IV
	HVD	Yes (c)	¼ mile (h)	Signal if warranted	All (e)
	MVD	Yes (c)	SSD/ISD & Table (f)	Stop	All (e)
	LVD	Yes (c)(g)	SSD/ISD & Table (f)	Stop	All (e)
Category V
	HVD	Yes (c)	¼ mile (h)	Signal if warranted	All (e)
	MVD	Yes (c)	SSD/ISD	Stop	All (e)
	LVD	Yes (c)	SSD/ISD	Stop	All (e)

HVD = High Volume Drive, MVD = Medium Volume Drive,

LVD = Low Volume Drive

SSD/ISD = Stopping Sight Distance and Intersection Sight Distance

(a) These are desirable minimum distances. It is recognized that site frontage and property limits may, by necessity, alter these dimensions. At the same time, the Village reserves the right to call for greater spacing distances.

(b) Spacing requirements shall properly consider driveways on both sides of the highway.

(c) One direct private access shall be permitted per parcel or contiguous parcels under common ownership. Additional access may be permitted if:

(1) The access will not adversely affect the safety and operation of the highway,

(2) Such access is necessary for the safe and efficient use of the property, and

(3) Such access will not adversely affect access to adjacent or nearby properties.

(d) ½ mile is recommended, however, ¼ mile may be allowed when there is no reasonable alternative access to the general street system. If these cannot be achieved, then the restrictions of SSD, ISD, and minimum spacing based on posted speed limit shall apply

(e) All movements permitted if not deemed detrimental; certain movements by be restricted due to operational and safety considerations.

(f) Spacing shall be determined using the greatest value identified for SSD, ISD, and minimum driveway spacing based on posted speed limit (reference table in Section 1196.04(d)).

(g) Low volume driveways shall be discouraged on roadways with speed limits greater than 50 mph. Where there is an opportunity, low volume drives should be consolidated and combined using appropriate means such as service roads, cross easements, and joint access to reduce the number of access points.

(h) ¼ mile is recommended, however, one-eighth mile may be allowed when there is no reasonable alternative access to the general street system. If these cannot be achieved, then the restrictions of SSD, ISD, and minimum spacing based on posted speed limit shall apply.

Category VI Roadways: Full access permitted per parcel or lot.

(Ord. 04-05. Passed 3-2-05.)

1196.06 DRIVEWAY GEOMETRICS AND DESIGN.

(a) Driveway widths and turning radii are determined by the number and use of lanes on the driveway and the design vehicle chosen for the driveway. The width and radii of the driveway shall permit vehicles to enter and exit with a minimum of interference to through traffic, yet be restrictive enough to discourage erratic maneuvers. The following table provides guidelines for driveway dimensions based on driveway type and design vehicle.

Driveway Type	Residential		Commercial		Industrial/Retail
Design Vehicle	P		SU-30		WB-50/WB-67
Nominal Width 1/	Min. (feet)	Max. (feet)	Min. (feet)	Max. (feet)	Min. (feet)	Max. (feet)
One-way Drive	10	14	14	20	14	26
Two-way Drive	20	24	26	32	26	38
Corresponding RT Radius	25	15	35	25	75	50

1/ Driveway throat width measured parallel to highway and clear of the turn radii.

P: Passenger car

SU-30: Single-unit truck; 30 feet in length

WB-50: Large semi-trailer truck; 55 feet in length

WB-67: Interstate semi-trailer truck; 74 feet in length

RT Radius: Right turn radius (Note: the smaller the drive width, the larger turn radius required to accommodate the path of the vehicle.)

(b) Driveways that enter a public roadway at traffic signals shall have the number of lanes as determined by a capacity analysis. In this case, 12-foot wide lanes shall be utilized and turn templates shall be used to ensure adequate radius-throat width combinations.

(c) Two-way driveways shall intersect the highway at an intersection angle between 70º and 90º. An angle less than 70º will not be permitted on new two-way driveways. One-way operation driveways (right in only or right out only) shall not have an angle less than 45º.

(d) Driveway radii may be reduced on a roadway with on-street parking. The turn radius, in such a case, is measured from the edge of the through lane.

(e) The profile of a driveway shall be designed to provide a smooth transition for its users.

(f) Drives shall not be obstructed within the right-of-way by gates, or similar obstacles. Any access with a gate shall be designed so that the longest vehicle can completely clear the traveled way when the gate is closed and as it is opened.

(g) The need for traffic signals shall be determined by warrant analyses using the Ohio Manual of Uniform Traffic Control Devices.

(h) High volume driveways that do not meet signal warrants may be denied certain traffic movements if traffic volumes and conditions on the highway would make the full movement operation unsafe. (Ord. 04-05. Passed 3-2-05.)

1196.07 DRIVEWAY ISLANDS.

In some situations, it is desirable to prohibit certain movements through the use of median or channelizing islands. Median islands can be used to separate inbound and outbound traffic. It is a curbed island which prevents egressing traffic from encroaching on the side of the drive used by ingress traffic. Channelizing islands further designate the correct turning path and define the merge area thus reducing conflicting movements. The geometry shall physically define the permitted movements and block the prohibited movements.

(a) Median islands (such as those illustrated in Figures 1 and 2)) shall be at least 4 feet wide -- with a maximum of 6 feet at the intersection. Median widths exceeding 6 feet are undesirable because they create turning problems, expand the intersection, and make it difficult to provide proper lane alignments with opposing existing or future driveways or roadways.

(b) Median islands shall be at least 25 feet in length.

(c) An island median shall be used to prevent encroachment on other driveway lanes whenever any combination of egress and ingress lanes exceeds three lanes.

(d) A median island shall be offset at least 12 feet from the edge of the traveled lane on the main road.

(e) The nose of a median island shall taper in height from 2” to 6” over a distance of 4 feet.

(f) Standard yellow edge lines shall be used at the divisional island. Also, white pavement markings shall be used to delineate traffic lanes when there are two or more lanes in the same direction. At high volume driveways, reflectorized pavement markers should be used to provide greater delineation.

(g) Channelizing islands shall be used on arterials and network collectors without a median where left turns are restricted and on one-way streets to discourage wrong way turns.

(h) Channelizing islands shall have a surface area of at least 75 square feet.

(i) All channelizing islands (such as those illustrated in Figures 3, 4, and 5) shall be offset at least 4 feet from the edge of the traveled lane to the face of curb or the width of the paved curbed shoulder whichever is greater on high-speed roadways or where the approach roadway is uncurbed. A mountable curb, no more than 4 inches high, should be used on the channelizing island if approach roadways are uncurbed.

(j) A turning radius of between 75 feet and 100 feet shall be used for channelizing islands in order to make it more difficult for a driver to make a maneuver which the design is intended to discourage. (Radii larger than 100 feet should not be used on egress unless an acceleration lane is provided because of the large angle a driver must rotate in order to see vehicles approaching from the left; the acceleration lane allows the driver to use the rear view mirror to select a gap).

(k) Figures 1 through 5 provide general design guidelines for median and channelizing islands. They primarily relate to commercial and industrial/retail driveways and they depict 90º T-type intersections. Applicable driveway widths and turning radii shall be determined based on the number and use of lanes on the driveway and the design vehicle chosen for the driveway. The depicted signage references the regulatory signs defined in the Ohio Manual of Uniform Traffic Control Devices (OMUTCD).

(Ord. 04-05. Passed 3-2-05.)

1196.08 AUXILIARY TURN LANES.

The requirement for separate left and/or right turn lanes on the main roadway at site access points shall be based on the following guidelines:

(a) Left turn lanes shall be provided in accordance with the following conditions:

(1) Per Graph 1, 2, or 3 (the left turn warrant charts) contained in the ODOT State Highway Access Management Manual, or

(2) On major and minor arterial roadways with posted speed limits greater than 40 mph, or

(3) On network collector roadways with posted speed limits greater than 40 mph and more than 10 left turning vehicles during a design hour.

(b) Right turn lanes shall be provided in accordance with Graphs 4, 5, 6, or 7 (the right turn warrant charts) contained in the ODOT State Highway Access Management Manual with the following exceptions:

(1) Right turn lanes are not required for right turn volumes of less than 10 vehicles during a design peak hour.

(2) Right turn lanes are not required when there are less than 200 vehicles (during a design hour) in the approach or curb lane for roadways with more than one approach lane.

(d) The length of left and right turn lanes shall be based on the criteria contained in the ODOT Location and Design Manual or, where appropriate, on the results of queuing analyses associated with the capacity calculations contained in the applicable traffic impact study.

(Ord. 04-05. Passed 3-2-05.)

1196.09 VARIANCE PROCEDURES FOR ACCESS REQUESTS.

An access variance grants permission to depart from the standards and requirements of the Access Management Plan based on unique circumstances or existing special conditions.

(a) The request for a variance shall specify, in writing, why the variance is appropriate and necessary and shall document the unique conditions or special circumstances that make it impractical and infeasible to meet the applicable standards and/or requirements of the Access Management Plan. The documentation shall show that the applicant has considered all practical and reasonable alternatives to mitigate the unique conditions or special circumstances, that the alternatives are not feasible or practical, and that, without the variance, the applicant will be deprived of reasonable access.

(b) In considering a request for a variance, the Village shall determine if:

(1) The variance meets minimum applicable State, County, or Village standards including geometric design, operation, and safety elements – and if the variance is shown to be beneficial to the traveling public.

(2) The variance is not detrimental to the public health, safety, and welfare.

(3) The variance does not degrade the planned or intended operation of the roadway system.

(d) When a variance is granted, the documentation of the reason(s) for approving the variance shall be included in the records and files pertaining to the permit.

(e) When an applicant objects to the denial of a variance request, the applicant may file an appeal within thirty days of the notice of the denial of the variance. The written appeal shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the applicant.

(f) Within thirty days of the filing of an appeal, the Village shall determine whether the denial of the variance is justified. The applicant shall be notified of the final decision. (Ord. 04-05. Passed 3-2-05.)

1196.10 USE OF ACCESS.

It is the responsibility of the property owner to ensure that the use of the access to the property is not in violation of the permit terms and conditions. The terms and conditions of any permit are binding upon all assigns, successors-in-interest, heirs, and occupants. If any changes are made or will be made in the use of the property, which will affect access operation, traffic volume, or vehicle type, the applicant or property owner shall contact the Village to determine if a new access permit and modifications to the access point are required.

(Ord. 04-05. Passed 3-2-05.)

FIGURE 1

DRIVEWAY MEDIAN CHANNELIZING ISLAND

(SINGLE LANE EGRESS)

FIGURE 2

DRIVEWAY MEDIAN CHANNELIZING ISLAND

(DOUBLE LANE EGRESS)

FIGURE 3

CHANNELIZING ISLAND

TO DISCOURAGE LEFT TURN EGRESS

FIGURE 4

CHANNELIZING ISLAND

TO DISCOURAGE LEFT TURN INGRESS

FIGURE 5

CHANNELIZING ISLAND

TO DISCOURAGE LEFT TURN INGRESS

AND LEFT TURN EGRESS

GRAPH 1

GRAPH 2

GRAPH 3

GRAPH 4

GRAPH 5

GRAPH 6

GRAPH 7

1197.01 PURPOSE AND INTENT.

The purpose of this regulation is to establish technically feasible and economically reasonable storm water management standards to achieve a level of storm water quality and quantity control that will minimize damage to property and degradation of water resources and will promote and maintain the health, safety, and welfare of the citizens of the Village of Granville:

(a) This regulation requires owners who develop or re-develop their property within the Village of Granville to:

(1) Control storm water runoff from their property and ensure that all storm water management practices are properly designed, constructed, and maintained.

(2) Reduce water quality impacts to receiving water resources that may be caused by new development or redevelopment activities.

(3) Control the volume, rate, and quality of storm water runoff originating from their property so that surface water and ground water are protected and flooding and erosion potential are not increased.

(4) Minimize the need to construct, repair, and replace subsurface storm drain systems.

(5) Preserve natural infiltration and ground water recharge, and maintain subsurface flow that replenishes water resources, except in slippage prone soils.

(6) Incorporate storm water quality and quantity controls into site planning and design at the earliest possible stage in the development process.

(7) Reduce the expense of remedial projects needed to address problems caused by inadequate storm water management.

(8) Maximize use of storm water management practices that serve multiple purposes including, but not limited to, flood control, erosion control, fire protection, water quality protection, recreation, and habitat preservation.

(9) Design sites to minimize the number of stream crossings and the width of associated disturbance in order to minimize the Village of Granville's future expenses related to the maintenance and repair of stream crossings.

(10) Maintain, promote, and re-establish conditions necessary for naturally occurring stream processes that assimilate pollutants, attenuate flood flows, and provide a healthy water resource.

(c) This regulation shall apply to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways and roads; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; grading; and all other uses that are not specifically exempted in Section 1197.01.

(d) Public entities, including the State of Ohio, Licking County, and the Village of Granville shall comply with this regulation for roadway projects initiated after March 10, 2006 and, to the maximum extent practicable, for projects initiated before that time.

(e) This regulation does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules.

(f) This regulation does not require a Comprehensive Storm Water Management Plan for linear construction projects, such as pipeline or utility line installation, that do not result in the installation of impervious surface as determined by the Village Engineer. Such projects must be designed to minimize the number of stream crossings and the width of disturbance. Linear construction projects must comply with the requirements of Chapter 1199 Erosion and Sediment Control. (Ord. 23-2010. Passed 12-15-10.)

1197.02 DEFINITIONS.

For the purpose of this regulation, the following terms shall have the meaning herein indicated:

(a) ACRE: A measurement of area equaling 43,560 square feet.

(b) AS-BUILT SURVEY: A survey shown on a plan or drawing prepared by a Registered Surveyor indicating the actual dimensions, elevations, and locations of any structures, underground utilities, swales, detention facilities, and sewage treatment facilities after construction has been completed.

(c) BEST MANAGEMENT PRACTICES (BMPs): Schedule of activities, prohibitions of practices, operation and maintenance procedures, treatment requirements, and other practices to reduce the pollution of water resources and to control storm water volume and rate.

(d) CLEAN WATER ACT: Pub. L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, Pub. L. 97-117, and Pub. L. 100-4, 33 U.S.C. 1251 et. seq. Referred to as the Federal Water Pollution Control Act or the Federal Water Pollution Control Act Amendments of 1972.

(e) COMMUNITY: The Village of Granville, its designated representatives, boards, or commissions.

(f) COMPREHENSIVE STORM WATER MANAGEMENT PLAN: The written document and plans meeting the requirements of this regulation that set forth the plans and practices to minimize storm water runoff from a development area, to safely convey or temporarily store and release post-development runoff at an allowable rate to minimize flooding and stream bank erosion, and to protect or improve storm water quality and stream channels.

(g) CRITICAL STORM: A storm that is calculated by means of the percentage increase in volume of runoff by a proposed development area. The critical storm is used to calculate the maximum allowable storm water discharge rate from a developed site.

(h) DETENTION FACILITY: A basin, pond, oversized pipe, or other structure that reduces the peak flow rate of storm water leaving the facility by temporarily storing a portion of the storm water entering the facility.

(i) DEVELOPMENT AREA: A parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.

(j) DEVELOPMENT DRAINAGE AREA: A combination of each hydraulically unique watershed with individual outlet points on the development area.

(k) DISTURBED AREA: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.

(l) DRAINAGE: The removal of excess surface water or groundwater from land by surface or subsurface drains.

(m) EROSION: The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.

(n) EXTENDED CONVEYANCE: A storm water management practice that replaces and/or enhances traditional open or closed storm drainage conduits by retarding flow, promoting percolation of runoff into the soil, and filtering pollutants during the storm water quality event.

(o) EXTENDED DETENTION: A storm water management practice that replaces and/or enhances traditional detention facilities by releasing the runoff collected during the storm water quality event over at least 24 to 48 hours, retarding flow and allowing pollutants to settle within the facility.

(p) FINAL STABILIZATION: All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization practices, such as the use of mulches or geotextiles, have been employed.

(q) GRADING: The process in which the topography of the land is altered to a new slope.

(r) IMPERVIOUS COVER: Any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops, sidewalks, and other areas not covered by vegetation.

(s) INFILTRATION: A storm water management practice that does not discharge to a water resource during the storm water quality event, requiring collected runoff to either infiltrate into the groundwater and/or be consumed by evapotranspiration, thereby retaining storm water pollutants in the facility.

(t) LARGER COMMON PLAN OF DEVELOPMENT: A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.

(u) MAXIMUM EXTENT PRACTICABLE: The level of pollutant reduction that operators of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Storm Water Phase II, must meet.

(v) NPDES: National Pollutant Discharge Elimination System. A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.

(w) NONSTRUCTURAL STORM WATER MANAGEMENT PRACTICE: Storm water runoff control and treatment techniques that use natural practices to control runoff and/or reduce pollution levels.

(x) POST-DEVELOPMENT: The conditions that exist following the completion of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of storm water runoff.

(y) PRE-CONSTRUCTION MEETING: Meeting prior to construction between all parties associated with the construction of the project including government agencies, contractors and owners to review agency requirements and plans as approved and submitted.

(z) PRE-DEVELOPMENT: The conditions that exist prior to the initiation of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of storm water runoff.

(aa) PROFESSIONAL ENGINEER: A Professional Engineer registered in the State of Ohio with specific education and experience in water resources engineering, acting in conformance with the Code of Ethics of the Ohio State Board of Registration for Engineers and Surveyors.

(bb) REDEVELOPMENT: A construction project on land where impervious cover has previously been developed and where the new land use will not increase the runoff coefficient. If the new land use will increase the runoff coefficient, then the project is considered to be a new development project rather than a redevelopment project. (Refer to Table 1 in Section 1197.09)

(cc) RIPARIAN AREA: Land adjacent to any brook, creek, river, or stream having a defined bed and bank that, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.

(dd) RIPARIAN AND WETLAND SETBACK: The real property adjacent to a water resource on which soil disturbing activities are limited.

(ee) RUNOFF: The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually returned to water resources.

(ff) SEDIMENT: The soils or other surface materials that can be transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.

(gg) SEDIMENTATION: The deposition of sediment in water resources.

(hh) SITE OWNER/OPERATOR: Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof that is responsible for the overall construction site.

(ii) SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and that may result in, or contribute to, increased storm water quantity and/or decreased storm water quality.

(jj) STABILIZATION: The use of Best Management Practices that reduce or prevent soil erosion by storm water runoff, trench dewatering, wind, ice, gravity, or a combination thereof.

(kk) STRUCTURAL STORM WATER MANAGEMENT PRACTICE: Any constructed facility, structure, or device that provides storage, conveyance, and/or treatment of storm water runoff.

(ll) WATER QUALITY VOLUME. The volume of runoff from a contributing watershed that must be captured and treated, equivalent to the maximized capture volume as defined in the American Society of Civil Engineers (ASCE) Manual and Report on Engineering Practice No. 87 and Water Environment Federation Manual of Practice No. 23 titled Urban Runoff Quality Management.

(mm) WATER RESOURCE: Any public or private body of water; including wetlands; the area within the ordinary high water level of lakes and ponds; as well as the area within the ordinary high water level of any brook, creek, river, or stream having a defined bed and bank (either natural or artificial) which confines and conducts continuous or intermittent flow.

(nn) WATER RESOURCE CROSSING: Any bridge, box, arch, culvert, truss, or other type of structure intended to convey people, animals, vehicles, or materials from one side of a watercourse to another. This does not include private, non-commercial footbridges or pole mounted aerial electric or telecommunication lines, nor does it include below grade utility lines.

(oo) WATERSHED: The total drainage area contributing storm water runoff to a single point.

(pp) WETLAND: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas (40 CFR 232, as amended).

(Ord. 23-2010. Passed 12-15-10.)

1197.03 DISCLAIMER OF LIABILITY.

(a) Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or any particular parcel of property.

(b) By approving a Comprehensive Storm Water Management Plan under this regulation, the Village of Granville does not accept responsibility for the design, installation, and operation and maintenance of storm water management practices.

(Ord. 23-2010. Passed 12-15-10.)

1197.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.

(a) Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by the Village Engineer shall prevail.

(b) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.

(c) This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.

(d) Failure of the Village of Granville to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the Village of Granville, its officers, employees, or agents being responsible for any condition or damage resulting therefrom. (Ord. 23-2010. Passed 12-15-10.)

1197.05 DEVELOPMENT OF COMPREHENSIVE STORM WATER MANAGEMENT PLANS.

(a) This regulation requires that a Comprehensive Storm Water Management Plan be developed and implemented for soil disturbing activities disturbing one (1) or more acres of total land, or less than one (1) acre if part of a larger common plan of development or sale disturbing one (1) or more acres of total land, and on which any regulated activity of Section 1197.01(c) is proposed.

(b) The Village of Granville shall administer this regulation, shall be responsible for determination of compliance with this regulation, and shall issue notices and orders as may be necessary. The Village of Granville may consult with the Licking County SWCD, private engineers, storm water districts, or other technical experts in reviewing the Comprehensive Storm Water Management Plan. (Ord. 23-2010. Passed 12-15-10.)

1197.06 APPLICATION PROCEDURES.

(a) Pre-Application Meeting: The applicant shall attend a Pre-Application Meeting with the Village Engineer to discuss the proposed project, review the requirements of this regulation, identify unique aspects of the project that must be addressed during the review process, and establish a preliminary review and approval schedule.

(b) Preliminary Comprehensive Storm Water Management Plan: The applicant shall submit two (2) sets of a Preliminary Comprehensive Storm Water Management Plan (Preliminary Plan) and the applicable fees to the Village Engineer and/or the Service Director. The Preliminary Plan shall show the proposed property boundaries, setbacks, dedicated open space, public roads, water resources, storm water control facilities, and easements in sufficient detail and engineering analysis to allow the Village Engineer to determine if the site is laid out in a manner that meets the intent of this regulation and if the proposed storm water management practices are capable of controlling runoff from the site in compliance with this regulation. The applicant shall submit two (2) sets of the Preliminary Plan and applicable fees as follows:

(1) For subdivisions: In conjunction with the submission of the preliminary subdivision plan.

(2) For other construction projects: In conjunction with the application for a zoning permit.

(3) For general clearing projects: In conjunction with the application for a zoning permit.

(c) Final Comprehensive Storm Water Management Plan: The applicant shall submit two (2) sets of a Final Comprehensive Storm Water Management Plan (Final Plan) and the applicable fees to the Village Engineer and/or the Service Director in conjunction with the submittal of the final plat, improvement plans, or application for a building or zoning permit for the site. The Final Plan shall meet the requirements of Section 1197.08, shall demonstrate compliance with the Performance Standards and requirements established in Section 1197.09, and shall be approved by the Village Engineer prior to approval of the final plat and/or before issuance of a Zoning Permit.

(d) Review and Comment: The Village Engineer and/or the Service Director shall review the Preliminary and Final Plans submitted, and shall approve or return for revisions with comments and recommendations for revisions. A Preliminary or Final Plan rejected because of deficiencies shall receive a narrative report stating specific problems and the procedures for filing a revised Preliminary or Final Plan.

(e) Approval Necessary: Land clearing and soil-disturbing activities shall not begin and zoning and/or building permits shall not be issued without an approved Comprehensive Storm Water Management Plan.

(f) Valid for Two Years: Approvals issued in accordance with this regulation shall remain valid for two (2) years from the date of approval.

(Ord. 23-2010. Passed 12-15-10.)

1197.07 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.

Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from other federal, state, and/or county agencies. If requirements vary, the most restrictive shall prevail. These permits may include, but are not limited to, those listed below. Applicants are required to show proof of compliance with these regulations before the Village of Granville will issue a building or zoning permit.

(a) Ohio EPA NPDES Permits authorizing storm water discharges associated with construction activity or the most current version thereof: Proof of compliance with these requirements shall be the applicant's Notice of Intent (NOI) number from Ohio EPA, a copy of the Ohio EPA Director's Authorization Letter for the NPDES Permit, or a letter from the site owner certifying and explaining why the NPDES Permit is not applicable.

(b) Section 401 of the Clean Water Act: Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.

(c) Ohio EPA Isolated Wetland Permit: Proof of compliance shall be a copy of Ohio EPA's Isolated Wetland Permit application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Ohio EPA's Isolated Wetlands Permit is not applicable. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.

(d) Section 404 of the Clean Water Act: Proof of compliance shall be a copy of the U.S. Army Corps of Engineers Individual Permit application, public notice, or project approval, if an Individual Permit is required for the development project. If an Individual Permit is not required, the site owner shall submit proof of compliance with the U.S. Army Corps of Engineer's Nationwide Permit Program. This shall include one of the following:

(1) A letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 404 of the Clean Water Act is not applicable.

(2) A site plan showing that any proposed fill of waters of the United States conforms to the general and special conditions specified in the applicable Nationwide Permit. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.

(e) Ohio Dam Safety Law: Proof of compliance shall be a copy of the ODNR Division of Water permit application tracking number, a copy of the project approval letter from the ODNR Division of Water, or a letter from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable.

(Ord. 23-2010. Passed 12-15-10.)

1197.08 COMPREHENSIVE STORM WATER MANAGEMENT PLANS.

(a) Comprehensive Storm Water Management Plan Required: The applicant shall develop a Comprehensive Storm Water Management Plan describing how the quantity and quality of storm water will be managed after construction is complete for every discharge from the site and/or into a water resource. The Plan will illustrate the type, location, and dimensions of every structural and non-structural storm water management practice incorporated into the site design, and the rationale for their selection. The rationale must address how these storm water management practices will address flooding within the site as well as flooding that may be caused by the development upstream and downstream of the site. The rationale will also describe how the storm water management practices minimize impacts to the physical, chemical, and biological characteristics of on-site and downstream water resources and, if necessary, correct current degradation of water resources that is occurring or take measures to prevent predictable degradation of water resources.

(b) Preparation by Professional Engineer: The Comprehensive Storm Water Management Plan shall be prepared by a registered professional engineer and include supporting calculations, plan sheets, and design details. To the extent necessary, as determined by the Village Engineer, a site survey shall be performed by a Registered Professional Surveyor to establish boundary lines, measurements, or land surfaces.

(c) Community Procedures: The Village Engineer shall prepare and maintain procedures providing specific criteria and guidance to be followed when designing the storm water management system for the site. These procedures may be updated from time to time, at the discretion of the Village Engineer based on improvements in engineering, science, monitoring, and local maintenance experience. The Village Engineer shall make the final determination of whether the practices proposed in the Comprehensive Storm Water Management Plan meet the requirements of this regulation. The Village Engineer may also maintain a list of acceptable Best Management Practices, including the most current edition of the Mid Ohio Regional Planning Commission (MORPC) Stormwater Manual, that meet the criteria of this regulation to be used in the Village of Granville.

(d) Contents of Comprehensive Storm Water Management Plan: The Comprehensive Storm Water Management Plan shall contain an application, narrative report, construction site plan sheets, a long-term Inspection and Maintenance Agreement, and a site description with the following information provided:

(1) Site description:

A. A description of the nature and type of the construction activity (e.g. residential, shopping mall, highway, etc.).

B. Total area of the site and the area of the site that is expected to be disturbed (i.e. grubbing, clearing, excavation, filling or grading, including off-site borrow areas).

C. A description of prior land uses at the site.

D. An estimate of the impervious area and percent of imperviousness created by the soil-disturbing activity at the beginning and at the conclusion of the project.

E. Existing data describing the soils throughout the site, including the soil series and association, hydrologic soil group, porosity, infiltration characteristics, depth to groundwater, depth to bedrock, and any impermeable layers.

F. If available, the quality of any known pollutant discharge from the site such as that which may result from previous contamination caused by prior land uses.

G. The location and name of the immediate water resource(s) and the first subsequent water resource(s).

H. The aerial (plan view) extent and description of water resources at or near the site that will be disturbed or will receive discharges from the project.

I. Describe the current condition of water resources including the vertical stability of stream channels and indications of channel incision that may be responsible for current or future sources of high sediment loading or loss of channel stability.

(2) Site map showing:

A. Limits of soil-disturbing activity on the site.

B. Soils types for the entire site, including locations of unstable or highly erodible soils.

C. Existing and proposed one-foot (1') contours. This must include a delineation of drainage watersheds expected before, during, and after major grading activities as well as the size of each drainage watershed in acres.

D. Water resource locations including springs, wetlands, streams, lakes, water wells, and associated setbacks on or within 200 feet of the site, including the boundaries of wetlands or streams and first subsequent named receiving water(s) the applicant intends to fill or relocate for which the applicant is seeking approval from the Army Corps of Engineers and/or Ohio EPA.

E. Existing and planned locations of buildings, roads, parking facilities, and utilities.

F. The location of any in-stream activities including stream crossings.

(3) Contact information: Company name and contact information as well as contact name, addresses, and phone numbers for the following:

A. The Professional Engineer who prepared the Comprehensive Storm Water Management Plan.

B. The site owner.

(4) Phase, if applicable, of the overall development plan.

(5) List of sublot numbers if project is a subdivision.

(6) Ohio EPA NPDES Permit Number and other applicable state and federal permit numbers, if available, or status of various permitting requirements if final approvals have not been received.

(7) Location, including complete site address and sublot number if applicable.

(8) Location of any easements or other restrictions placed on the use of the property.

(9) A site plan sheet showing:

A. The location of each proposed post-construction storm water management practice.

B. The geographic coordinates of the site AND each proposed practice in North American Datum Ohio State Plane North.

It is preferred that the entire site be shown on one plan sheet to allow a complete view of the site during plan review. If a smaller scale is used to accomplish this, separate sheets providing an enlarged view of areas on individual sheets should also be provided.

(10) An Inspection and Maintenance Agreement. The Inspection and Maintenance Agreement required for storm water management practices under this regulation shall be between the Village of Granville and the applicant and shall contain the following information and provisions:

A. The location of each storm water management practice, including those practices permitted to be located in, or within 50 feet of, water resources, and identification of the drainage area served by each storm water management practice.

B. A schedule for regular maintenance for each aspect of the storm water management system to ensure continued performance of that system as is detailed in the approved Comprehensive Storm Water Management Plan. This schedule may include additional standards, as required by the Village of Granville Engineer, to ensure continued performance of storm water management practices permitted to be located in, or within 50 feet of, water resources.

C. Identification of the landowner(s), organization, or municipality responsible for long-term maintenance, including repairs, of the storm water management practices.

D. The landowner(s), organization, or municipality shall maintain storm water management practices in accordance with this regulation.

E. The Village of Granville shall conduct inspections as necessary to verify that the storm water management practices are being maintained and operated in accordance with this regulation.

F. The Village of Granville shall maintain public records of the results of site inspections, shall inform the landowner(s), organization, or municipality responsible for maintenance of the inspection results, and shall specifically indicate any corrective actions required to bring the storm water practices into proper working condition.

G. If the Village of Granville notifies the landowner(s), organization, or municipality responsible for maintenance of the maintenance problems that require correction, the specific corrective actions shall be taken within a reasonable time frame as determined by the Village of Granville.

H. The Village of Granville is authorized to enter upon the property and to perform the corrective actions identified in the inspection report if the landowner(s), organization, or municipality responsible for maintenance does not make the required corrections in the specified time period. The Village of Granville shall be reimbursed by the landowner(s), organization, or municipality responsible for maintenance for all expenses incurred within 10 days of receipt of invoice from the Village of Granville.

I. The method of funding long-term maintenance and inspections of all storm water management practices.

J. A release of the Village of Granville from all damages, accidents, casualties, occurrences, or claims that might arise or be asserted against the Village of Granville from the construction, presence, existence, or maintenance of the storm water management practices.

Alteration or termination of these stipulations is prohibited. The applicant must provide a draft of this Inspection and Maintenance Agreement as part of the Comprehensive Storm Water Management Plan submittal. Once a draft is approved, a recorded copy of the Agreement must be submitted to the Village of Granville to receive final inspection approval of the site.

(11) Calculations required: The applicant shall submit calculations for projected storm water runoff flows, volumes, and timing into and through all storm water management practices for flood control, channel protection, water quality, and the condition of the habitat, stability, and incision of each water resource and its floodplain, as required in Section 1197.09 of this regulation. These submittals shall be completed for both pre- and post-development land use conditions and shall include the underlying assumptions and hydrologic and hydraulic methods and parameters used for these calculations. The applicant shall also include critical storm determination and demonstrate that the runoff from upper watershed areas have been considered in the calculations.

(12) List of all contractors and subcontractors before construction: Prior to construction or before the pre-construction meeting, provide the list of all contractors and subcontractors names, addresses, and phone numbers involved with the implementation of the Comprehensive Storm Water Management Plan including a written document containing signatures of all parties as proof of acknowledgment that they have reviewed and understand the requirements and responsibilities of the Comprehensive Storm Water Management Plan.

(13) Existing and proposed drainage patterns: The location and description of existing and proposed drainage patterns and storm water management practices, including any related storm water management practices beyond the development area and the larger common development area.

(14) For each storm water management practice to be employed on the development area, include the following:

A. Location and size, including detail drawings, maintenance requirements during and after construction, and design calculations, all where applicable.

B. Final site conditions including storm water inlets and permanent nonstructural and structural storm water management practices. Details of storm water management practices shall be drawn to scale and shall show volumes and sizes of contributing drainage areas.

C. Any other structural and/or non-structural storm water management practices necessary to meet the design criteria in this regulation and any supplemental information requested by the Village Engineer.

(Ord. 23-2010. Passed 12-15-10.)

1197.09 PERFORMANCE STANDARDS.

(a) General: The storm water system, including storm water management practices for storage, treatment and control, and conveyance facilities, shall be designed to prevent structure flooding during the 100-year, 24-hour storm event; to maintain predevelopment runoff patterns, flows, and volumes; and to meet the following criteria:

(1) Integrated practices that address degradation of water resources. The storm water management practices shall function as an integrated system that controls flooding and minimizes the degradation of the physical, biological, and chemical integrity of the water resources receiving storm water discharges from the site. Acceptable practices shall:

A. Not disturb riparian areas, unless the disturbance is intended to support a watercourse restoration project.

B. Maintain predevelopment hydrology and groundwater recharge on as much of the site as practicable.

C. Only install new impervious surfaces and compact soils where necessary to support the future land use.

D. Compensate for increased runoff volumes caused by new impervious surfaces and soil compaction by reducing storm water peak flows to less than predevelopment levels.

Storm water management practices that meet the criteria in this regulation, and additional criteria required by the Village Engineer shall comply with this regulation.

(2) Practices designed for final use: Storm water management practices shall be designed to achieve the storm water management objectives of this regulation, to be compatible with the proposed post-construction use of the site, to protect the public health, safety, and welfare, and to function safely with minimal maintenance.

(3) Storm water management for all lots: Areas developed for a subdivision, as defined in Chapter 1117, Design Standards, shall provide storm water management for the development of all subdivided lots. This shall include provisions for lot grading and drainage that prevent structure flooding during the 100-year, 24-hour storm; and maintain, to the extent practicable, the pre-development runoff patterns, volumes, and peaks from the lot.

(4) Storm water facilities in water resources: Storm water management practices and related activities shall not be constructed in water resources unless the applicant shows proof of compliance with all appropriate permits from the Ohio EPA, the U.S. Army Corps, and other applicable federal, state, and local agencies as required in Section 1197.07 of this regulation, and the activity is in compliance with Chapter 1199, Erosion and Sediment Control, all as determined by the Village Engineer.

(5) Storm water ponds and surface conveyance channels: All storm water pond and surface conveyance designs must provide a minimum of one (1) foot freeboard above the projected peak stage within the facility during the 100-year, 24-hour storm. When designing storm water ponds and conveyance channels, the applicant shall consider public safety as a design factor and alternative designs must be implemented where site limitations would preclude a safe design.

(6) Exemption: The site where soil-disturbing activities are conducted shall be exempt from the requirements of Section 1197.09 if it can be shown to the satisfaction of the Village Engineer that the site is part of a larger common plan of development where the storm water management requirements for the site are provided by an existing storm water management practice, or if the storm water management requirements for the site are provided by practices defined in a regional or local storm water management plan approved by the Village Engineer.

(7) Maintenance: All storm water management practices shall be maintained in accordance with Inspection and Maintenance Agreements approved by the Village Engineer as detailed in Section 1197.08.

(8) Ownership: Unless otherwise required by the Village of Granville, storm water management practices serving multiple lots in subdivisions shall be on a separate lot held and maintained by an entity of common ownership or, if compensated by the property owners, by the Village of Granville. Storm water management practices serving single lots shall be placed on these lots, protected within an easement, and maintained by the property owner.

(9) Preservation of Existing Natural Drainage. Practices that preserve and/or improve the existing natural drainage shall be used to the maximum extent practicable. Such practices may include minimizing site grading and compaction; protecting and/or restoring water resources, riparian areas, and existing vegetation; and maintaining unconcentrated storm water runoff to and through these areas.

(b) Storm Water Conveyance Design Criteria: All storm water management practices shall be designed to convey storm water to allow for the maximum removal of pollutants and reduction in flow velocities. This shall include but not be limited to:

(1) Stream relocation or enclosure: The Village Engineer may allow the enclosure or relocation of water resources only if the applicant shows proof of compliance with all appropriate permits from the Ohio EPA, the U.S. Army Corps, and other applicable federal, state, and local agencies as required in Section 1197.07 of this regulation, and the activity is in compliance with Chapter 1199, Erosion and Sediment Control, all as determined by the Village Engineer. At a minimum, stream relocation designs must show how the project will minimize changes to the vertical stability, floodplain form, channel form, and habitat of upstream and downstream channels on and off the property.

(2) Off-site storm water discharges: Off-site storm water runoff that discharges to or across the applicant's development site shall be conveyed through the storm water conveyance system planned for the development site at its existing peak flow rates during each design storm. Off-site flows shall be diverted around storm water quality control facilities or, if this is not possible, the storm water quality control facility shall be sized to treat the off-site flow. Comprehensive Storm Water Management Plans will not be approved until it is demonstrated to the satisfaction of the Village Engineer that off-site runoff will be adequately conveyed through the development site in a manner that does not exacerbate upstream or downstream flooding and erosion.

(3) Sheet flow: The site shall be graded in a manner that maintains sheet flow over as large an area as possible. The maximum area of sheet flow shall be determined based on the slope, the uniformity of site grading, and the use of easements or other legally-binding mechanisms that prohibit re-grading and/or the placement of structures within sheet flow areas. In no case shall the sheet flow length be longer than 300 feet, nor shall a sheet flow area exceed 1.5 acres. Flow shall be directed into an open channel, storm sewer, or other storm water management practice from areas too long and/or too large to maintain sheet flow, all as determined by the Village Engineer.

(4) Open channels: Unless otherwise allowed by the Village Engineer drainage tributary to storm water management practices shall be provided by an open channel with landscaped banks and designed to carry the 10 year, 24 hour storm water runoff from upstream contributory areas.

(5) Open drainage systems: Open drainage systems shall be preferred on all new development sites to convey storm water where feasible. Storm sewer systems shall be allowed only when the site cannot be developed at densities allowed under Village of Granville zoning or where the use of an open drainage system affects public health or safety, all as determined by the Village Engineer. The following criteria shall be used to design storm sewer systems when necessary:

A. Storm sewers shall be designed such that they do not surcharge from runoff caused by the 5 year, 24 hour storm, and that the hydraulic grade line of the storm sewer stays below the gutter flow line of the overlying roadway, or below the top of drainage structures outside the roadway during a 10 year, 24 hour storm. The system shall be designed to meet these requirements when conveying the flows from the contributory area within the proposed development and existing flows from offsite areas that are upstream from the development.

B. The minimum inside diameter of pipe to be used in public storm sewer systems is 12 inches. Smaller pipe sizes may be used in private systems, subject to the approval of the Village Engineer.

C. All storm sewer systems shall be designed taking into consideration the tailwater of the receiving facility or water resource. The tailwater elevation used shall be based on the design storm frequency. The hydraulic grade line for the storm sewer system shall be computed with consideration for the energy losses associated with entrance into and exit from the system, friction through the system, and turbulence in the individual manholes, catch basins, and junctions within the system.

D. The inverts of all curb inlets, manholes, yard inlets, and other structures shall be formed and channelized to minimize the incidence of quiescent standing water where mosquitoes may breed.

E. Full headwalls shall be required at all storm sewer inlets or outlets to and from open channels or lakes.

(6) Water Resource Crossings. The following criteria shall be used to design structures that cross a water resource in the Village of Granville:

A. Water resource crossings other than bridges shall be designed to convey the stream's flow for the minimum 25 year, 24 hour storm.

B. Bridges, open bottom arch or spans are the preferred crossing technique and shall be considered in the planning phase of the development. Bridges and open spans should be considered for all State Scenic Rivers, coldwater habitat, exceptional warmwater habitat, seasonal salmonid habitat streams, and Class III headwater streams. The footers or piers for these bridges and open spans shall not be constructed below the ordinary high water mark.

C. If a culvert or other closed bottom crossing is used, twenty-five (25) percent of the cross-sectional area or a minimum of 1 foot of box culverts and pipe arches must be embedded below the channel bed.

D. The minimum inside diameter of pipes to be used for crossings shall be 12 inches.

E. The maximum slope allowable shall be a slope that produces a 10 fps velocity within the culvert barrel under design flow conditions. Erosion protection and/or energy dissipaters shall be required to properly control entrance and outlet velocities.

F. All culvert installations shall be designed with consideration for the tailwater of the receiving facility or water resource. The tailwater elevation used shall be based on the design storm frequency.

G. Full headwalls shall be required at all culvert inlets or outlets to and from open channels or lakes.

H. Streams with a drainage area of 5 square miles or larger shall incorporate floodplain culverts at the bankfull elevation to restrict head loss differences across the crossing so as to cause no rise in the 100-year storm event.

I. Bridges shall be designed such that the hydraulic profile through a bridge shall be below the bottom chord of the bridge for either the 100 year, 24 hour storm, or the 100 year flood elevation as determined by FEMA, whichever is more restrictive.

(7) Overland flooding: Overland flood routing paths shall be used to convey storm water runoff from the 100 year, 24 hour storm event to an adequate receiving water resource or storm water management practice such that the runoff is contained within the drainage easement for the flood routing path and does not cause flooding of buildings or related structures. The peak 100-year water surface elevation along flood routing paths shall be at least one foot below the finished grade elevation at the structure. When designing the flood routing paths, the conveyance capacity of the site's storm sewers shall be taken into consideration.

(8) Compensatory flood storage mitigation: In order to preserve floodplain storage volumes and thereby avoid increases in water surface elevations, any filling within floodplains approved by the Village of Granville must be compensated by removing an equivalent volume of material. For all areas of development that do not increase the floodplain storage by 1/10th of the floodplain elevation there shall be no compensatory flood storage requirement. First consideration for the location(s) of compensatory floodplain volumes should be given to areas where the stream channel will have immediate access to the new floodplain within the limits of the development site. Consideration will also be given to enlarging existing or proposed retention basins to compensate for floodplain fill if justified by a hydraulic analysis of the contributing watershed. Unless otherwise permitted by the Village of Granville, reductions in volume due to floodplain fills must be mitigated within the legal boundaries of the development. Embankment slopes used in compensatory storage areas must reasonably conform to the natural slopes adjacent to the disturbed area. The use of vertical retaining structures is specifically prohibited.

(9) Velocity dissipation: Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall to provide non-erosive flow velocity from the structure to a water resource so that the natural physical and biological characteristics and functions of the water resource are maintained and protected.

(1) Direct runoff to a BMP: The site shall be designed to direct runoff to one or more of the following storm water management practices. These practices are listed in Table 2 of this regulation and shall be designed to meet the following general performance standards:

A. Extended conveyance facilities that slow the rate of storm water runoff; filter and biodegrade pollutants in storm water; promote infiltration and evapotranspiration of storm water; and discharge the controlled runoff to a water resource.

B. Extended detention facilities that detain storm water; settle or filter particulate pollutants; and release the controlled storm water to a water resource.

C. Infiltration facilities that retain storm water; promote settling, filtering, and biodegradation of pollutants; and infiltrate captured storm water into the ground. The Village Engineer may require a soil engineering report to be prepared for the site to demonstrate that any proposed infiltration facilities meet these performance standards.

D. The Village Engineer may approve other BMPs if the applicant demonstrates to the Village Engineer satisfaction that these BMPs meet the objectives of this regulation as stated in Section 1197.09(c)(6).

(2) Criteria applying to all storm water management practices. Practices chosen must be sized to treat the water quality volume (WQv) and to ensure compliance with Ohio Water Quality Standards (OAC Chapter 3745-1).

A. The WQv shall be equal to the volume of runoff from a 0.75 inch rainfall event and shall be determined according to one of the following methods:

1. Through a site hydrologic study approved by the Village Engineer that uses continuous hydrologic simulation; site-specific hydrologic parameters, including impervious area, soil infiltration characteristics, slope, and surface routing characteristics; proposed best management practices controlling the amount and/or timing of runoff from the site; and local long-term hourly records, or

2. Using the following equation:

WQv = C*P*A/12

where terms have the following meanings:

WQv = water quality volume in acre-feet

C = runoff coefficient appropriate for storms less than

P = 0.75 inch precipitation depth

A = area draining into the storm water practice, in acres.

Runoff coefficients required by the Ohio Environmental Protection Agency (Ohio EPA) for use in determining the water quality volume are listed in Table 1. Alternatively, the Village Engineer may consider use of the following equation to calculate the runoff coefficient if the applicant can demonstrate that appropriate controls are in place to limit the proposed impervious area of the development:

C=0.858i3 - 0.78i2 + 0.774i+0.04, where:

i = fraction of the drainage area that is impervious

Table 1: Runoff Coefficients Based on the Type of Land Use

Land Use	Runoff Coefficient
Industrial & Commercial	0.8
High Density Residential (> 8 dwellings/acre)	0.5
Medium Density Residential (4 to 8 dwellings/acre)	0.4
Low Density Residential (< 4 dwellings/acre)	0.3
Open Space and Recreational Areas	0.2
Where land use will be mixed, the runoff coefficient should be calculated using a weighted average. For example, if 60% of the contributing drainage area to the storm water treatment structure is Low Density Residential, 30% is High Density Residential, and 10% is Open Space, the runoff coefficient is calculated as follows (0.6)(0.3)+(0.3)(0.5)+(0.1)(0.2) = (0.35)

B. An additional volume equal to 20% of the WQv shall be incorporated into the storm water practice for sediment storage.

C. Storm water quality management practices shall be designed such that the drain time is long enough to provide treatment and protect against downstream bank erosion, but short enough to provide storage available for successive rainfall events as defined in Table 2.

Table 2: Draw Down Times for Storm Water Management Practices

Best Management Practice	Drain Time of WQv
Infiltration Facilities	24 - 48 hours
Extended Conveyance Facilities (Vegetated Swales, Filter Strips) • Extended Conveyance Detention Design • Flow Through Design	24 hours *
Extended Detention Facilities • Extended Dry Detention Basins • Wet Detention Basins** • Constructed Wetlands (above permanent pool) • Media Filtration, Bioretention	48 hours 24 hours 24 hours 40 hours
* Size to pass a hydrograph with a volume equal to the WQv, a duration of 2 hours, and peak rainfall intensity of 1 inch/hour at a depth of no more than 3 inches. The use of this criterion is limited to sites where the total area disturbed is 5 acres or less. *Provide both a permanent pool and an extended detention volume above the permanent pool, each sized with at least 0.75WQv .

D. Each practice shall be designed to facilitate sediment removal, vegetation management, debris control, and other maintenance activities defined in the Inspection and Maintenance Agreement for the site.

(3) Additional criteria applying to infiltration facilities.

A. Infiltration facilities shall only be allowed if the soils of the facility fall within hydrologic soil groups A or B, and if the seasonal high water table and any underlying bedrock are at least six feet below the final grade elevation.

B. All runoff directed into an infiltration basin must first flow through an extended conveyance facility to remove coarser sediments that could cause a loss of infiltration capacity.

C. During construction, all runoff from disturbed areas of the site shall be diverted away from the proposed infiltration basin site. No construction equipment shall be allowed within the infiltration basin site to avoid soil compaction.

(4) Additional criteria applying to extended conveyance facilities.

A. Facilities shall be lined with fine turf-forming, flood tolerant grasses.

B. Facilities designed according to the extended conveyance detention design drain time shall:

1. Not be located in areas where the depth to bedrock and/or seasonal high water table is less than 3 feet below the final grade elevation.

2. Only be allowed where the underlying soil consists of hydrologic soil group (HSG) A or B, unless the underlying soil is replaced by at least a 2.5 foot deep layer of soil amendment with a permeability equivalent to a HSG A or B soil and an underdrain system is provided.

C. Facilities designed according to the flow through design drain time shall:

1. Only be allowed on sites where the total area disturbed is 5 acres or less.

2. Be designed to slow and filter runoff flowing through the turf grasses with a maximum depth of flow no greater than 3 inches.

D. Concentrated runoff shall be converted to sheet flow before entering an extended conveyance facility designed according to the flow through drain time.

(5) Additional criteria for extended detention facilities:

A. The outlet shall be designed to release the bottom 50 percent of the water quality volume in no less than 2/3rd of the drain time. A valve shall be provided to drain any permanent pool volume for removal of accumulated sediments. The outlet shall be designed to minimize clogging, vandalism, and maintenance.

B. The basin design shall incorporate the following features to maximize multiple uses, aesthetics, safety, and maintainability:

1. Basin side slopes above the permanent pool shall have a run to rise ratio of 4:1 or flatter.

2. The perimeter of all permanent pool areas deeper than 4 feet shall be surrounded by an aquatic bench that extends at least 8 feet and no more than 15 feet outward from the normal water edge. The 8 feet wide portion of the aquatic bench closest to the shoreline shall have an average depth of 6 inches below the permanent pool to promote the growth of aquatic vegetation. The remainder of the aquatic bench shall be no more than 15 inches below the permanent pool to minimize drowning risk to individuals who accidentally or intentionally enter the basin, and to limit growth of dense vegetation in a manner that allows waves and mosquito predators to pass through the vegetation. The maximum slope of the aquatic bench shall be 10 (H) to 1 (V). The aquatic bench shall be planted with hearty plants comparable to wetland vegetation that are able to withstand prolonged inundation.

3. A forebay designed to allow larger sediment particles to settle shall be placed at basin inlets. The forebay volume shall be equal to at least 10% of the water quality volume (WQv).

(6) Additional criteria applying to extended conveyance facilities.

A. Facilities shall be lined with fine turf-forming, flood tolerant grasses.

B. Facilities designed according to the extended detention design drain time shall:

1. Not be located in areas where the depth to bedrock and/or seasonal high water table is less than 3 feet below the final grade elevation.

C. Swales and filter strips designed according to the flow through drain time shall:

1. Only be allowed on sites where the total area disturbed is 5 acres or less.

2. Be designed to slow and filter runoff flowing through the turf grasses with a maximum depth of flow no greater than 3 inches.

D. Concentrated runoff shall be converted to sheet flow before entering an extended conveyance facility designed according to the flow through drain time.

(7) Alternative post-construction BMPs: The applicant may request approval from the Village Engineer for the use of alternative structural post-construction BMPs, if the applicant shows to the satisfaction of the Village Engineer and with prior written approval from Ohio EPA, that these BMPs are equivalent in pollutant removal and runoff flow/volume reduction effectiveness to those listed in Table 2.

(d) Storm Water Quantity Control: The Comprehensive Storm Water Management Plan shall describe how the proposed storm water management practices are designed to meet the following requirements for storm water quantity control for each watershed in the development:

(1) The peak discharge rate of runoff from the Critical Storm and all more frequent storms occurring under post-development conditions shall not exceed the peak discharge rate of runoff from a 1-year, 24-hour storm occurring on the same development drainage area under pre-development conditions.

(2) Storms of less frequent occurrence (longer return periods) than the Critical Storm, up to the 100-year, 24-hour storm shall have peak runoff discharge rates no greater than the peak runoff rates from equivalent size storms under pre-development conditions. The 1, 2, 5, 10, 25, 50, and 100-year storms shall be considered in designing a facility to meet this requirement.

(3) The Critical Storm for each specific development drainage area shall be determined as follows:

A. Determine, using a curve number-based hydrologic method that generates hydrographs, or other hydrologic method approved by the Village Engineer, the total volume (acre-feet) of runoff from a 1-year, 24-hour storm occurring on the development drainage area before and after development. These calculations shall meet the following standards:

1. Calculations shall include the lot coverage assumptions used for full build out as proposed.

2. Calculations shall be based on the entire contributing watershed to the development area.

3. Curve numbers for the pre-development condition must reflect the average type of land use over the past 10 years and not only the current land use.

4. To account for future post-construction improvements to the site, calculations shall assume an impervious surface such as asphalt or concrete for all parking areas and driveways, regardless of the surface proposed in the site description.

B. From the volume determined in Section 1197.09(d)(3)A., determine the percent increase in volume of runoff due to development. Using the percentage, select the 24-hour Critical Storm from Table 3.

Table 3: 24-Hour Critical Storm:

If the Percentage of Increase in Volume of Runoff is:		The Critical Storm will be:
Equal to or Greater Than:	and Less Than:	The Critical Storm will be:
---	10	1 year
10	20	2 year
20	50	5 year
50	100	10 year
100	250	25 year
250	500	50 year
500	---	100 year
For example, if the percent increase between the pre- and post-development runoff volume for a 1-year storm is 35%, the Critical Storm is a 5-year storm. The peak discharge rate of runoff for all storms up to this frequency shall be controlled so as not to exceed the peak discharge rate from the 1-year frequency storm under pre-development conditions in the development drainage area. The post-development runoff from all less frequent storms need only be controlled to meet pre-development peak discharge rates for each of those same storms.

(e) Storm Water Management on Redevelopment Projects: Comprehensive Storm Water Management Plans for redevelopment projects shall reduce existing site impervious areas by at least 20 percent. Where site conditions prevent the reduction of impervious area, then stormwater management practices shall be implemented to provide storm water quality control facilities for at least 20 percent of the site's impervious area. When a combination of impervious area reduction and storm water quality control facilities is used, the combined area shall equal or exceed 20 percent of the site. Where conditions prevent impervious area reduction or on-site stormwater management for redevelopment projects, practical alternatives as detailed in Section 1197.10 may be approved by the Village Engineer.

(Ord. 23-2010. Passed 12-15-10.)

1197.10 ALTERNATIVE ACTIONS.

(a) When the Village of Granville determines that site constraints compromise the intent of this regulation, off-site alternatives may be used that result in an improvement of water quality and a reduction of storm water quantity. Such alternatives shall meet the following standards:

(1) Shall achieve the same level of storm water quantity and quality control that would be achieved by the on-site controls required under this regulation.

(2) Implemented in the drainage area of the proposed development project to the maximum extent practicable.

(b) Alternative actions may include, but are not limited to the following. All alternative actions shall be approved by the Village Engineer:

(1) Fees, in an amount specified by the Village of Granville to be applied to community-wide storm water management practices.

(2) Implementation of off-site storm water management practices and/or the retrofit of an existing practice to increase quality and quantity control.

(3) Stream, floodplain, or wetland restoration.

(4) Acquisition or conservation easements on protected open space significantly contributing to storm water control such as wetland complexes.

(Ord. 23-2010. Passed 12-15-10.)

1197.11 EASEMENTS.

Access to storm water management practices as required by the Village Engineer for inspections and maintenance shall be secured by easements. The following conditions shall apply to all easements:

(a) Easements shall be included in the Inspection and Maintenance Agreement submitted with the Comprehensive Storm Water Management Plan.

(b) Easements shall be approved by the Village of Granville prior to approval of a final plat and shall be recorded with the Licking County Recorder and on all property deeds.

(c) Unless otherwise required by the Village Engineer, access easements between a public right-of-way and all storm water management practices shall be no less than 25-feet wide. The easement shall also incorporate the entire practice plus an additional 25-foot wide band around the perimeter of the storm water management practice.

(d) The easement shall be graded and/or stabilized as necessary to allow maintenance equipment to access and manipulate around and within each facility, as defined in the Inspection and Maintenance Agreement for the site.

(e) Easements to structural storm water management practices shall be restricted against the construction therein of buildings, fences, walls, and other structures that may obstruct the free flow of storm water and the passage of inspectors and maintenance equipment; and against the changing of final grade from that described by the final grading plan approved by the Village of Granville. Any re-grading and/or obstruction placed within a maintenance easement may be removed by the Village of Granville at the property owners' expense.

(Ord. 23-2010. Passed 12-15-10.)

1197.12 MAINTENANCE AND FINAL INSPECTION APPROVAL.

To receive final inspection and acceptance of any project, or portion thereof, the following must be completed and provided to the Village Engineer:

(a) Final stabilization must be achieved and all permanent storm water management practices must be installed and made functional, as determined by the Village Engineer and per the approved Comprehensive Storm Water Management Plan.

(Ord. 23-2010. Passed 12-15-10.)

(b) An As-Built Certification, including a Survey and Inspection, must be sealed, signed and dated by a Professional Engineer and a Professional Surveyor with a statement certifying that the storm water management practices, as designed and installed, meet the requirements of the Comprehensive Storm Water Management Plan approved by the Village Engineer. In evaluating this certification, the Village Engineer may require the submission of a new set of storm water practice calculations if he/she determines that the design was altered significantly from the approved Comprehensive Storm Water Management Plan. The As-Built Survey must provide the location, dimensions, and bearing of such practices and include the entity responsible for long-term maintenance as detailed in the Inspection and Maintenance Agreement. Additionally, a geo-referenced GIS compatible file depicting the horizontal and vertical alignment of the newly installed infrastructure is required to be provided to the Village Engineer before final acceptance.

(Ord. 29-2024. Passed 1-15-25.)

(c) A copy of the complete and recorded Inspection and Maintenance Agreement as specified in Section 1197.08 must be provided to the Village Engineer

(Ord. 23-2010. Passed 12-15-10.)

1197.13 ON-GOING INSPECTIONS.

The Village of Granville shall inspect storm water management practices periodically. Upon finding a malfunction or other need for maintenance, the Village of Granville shall provide written notification to the responsible party, as detailed in the Inspection and Maintenance Agreement, of the need for maintenance. Upon notification, the responsible party shall have ten (10) working days, or other mutually agreed upon time, to makes repairs or submit a plan with detailed action items and established timelines. Should repairs not be made within this time, or a plan approved by the Village Engineer for these repairs not be in place, the Village of Granville may undertake the necessary repairs and assess the responsible party.

(Ord. 23-2010. Passed 12-15-10.)

1197.14 FEES.

The Comprehensive Storm Water Management Plan review, filing, and inspection is part of a complete project submittal and is required to be submitted to the Village of Granville before the engineering review process begins. Development Plan Review Fees shall follow the current Zoning Fee Schedule per Section 1305.01 and Engineering Review Fee Schedule per Section 1305.04. (Ord. 29-2024. Passed 1-15-25.)

1197.15 BOND.

(a) If a Comprehensive Storm Water Management Plan is required by this regulation, soil-disturbing activities shall not be permitted until a surety bond of 100% of the total stormwater management project cost, has been deposited with the Village of Granville Finance Department. This surety bond shall be posted for the Village of Granville to perform the obligations otherwise to be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation. The stormwater bond will be returned, less Village of Granville administrative fees as detailed in Section 1135.01, Zoning Fees of the Village of Granville Codified Ordinances, when the following three criteria are met:

(1) After 80% of the lots of the project have been complete or 100% of the total project has been permanently stabilized or three (3) years from the time of permanent stabilization have passed.

(2) An As Built Inspection of all water quality practices is conducted by the Village Engineer.

(3) A Inspection and Maintenance Agreement signed by the developer, the contractor, the Village of Granville, and the private owner or homeowners association, who will take long term responsibility for these BMPs, is accepted by the Village Engineer.

(b) Once these criteria are met, the applicant shall be reimbursed all bond monies that were not used for any part of the project. If all of these criteria are not met after three years of permanent stabilization of the site, the Village of Granville may use the bond monies to fix any outstanding issues with all storm water management structures on the site and the remainder of the bond shall be given to the private lot owner/ homeowners association for the purpose of long term maintenance of the project.

(Ord. 23-2010. Passed 12-15-10.)

1197.16 INSTALLATION OF WATER QUALITY BEST MANAGEMENT PRACTICES.

The applicant may not direct runoff through any water quality structures, or portions thereof that would be degraded by construction site sediment until the entire area tributary to the structure has reached final stabilization as determined by the Village Engineer. This occurs after the completion of the final grade at the site, after all of the utilities are installed, and the site is subsequently stabilized with vegetation or other appropriate methods. The developer must provide documentation acceptable to the Village Engineer to demonstrate that the site is completely stabilized. Upon this proof of compliance, the water quality structure(s) may be completed and placed into service. Upon completion of installation of these practices, all disturbed areas and/or exposed soils caused by the installation of these practices must be stabilized within 2 days.

(Ord. 23-2010. Passed 12-15-10.)

1197.17 VIOLATIONS.

No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation. (Ord. 23-2010. Passed 12-15-10.)

1197.18 APPEALS FROM DECISIONS.

(a) Any person aggrieved by any order, requirement, determination, or any other action or inaction may appeal the decision to the Board of Building and Zoning Appeal by filing a written notice of appeal with the Village Clerk not later than ten (10) days after the decision is delivered by personal service or postmarked by the U.S. mail, postage prepaid, return-receipt requested, to the person seeking to appeal.

(b) At the time of filing the notice of appeal, if the appellant intends to urge on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the weight of the evidence, the appellant shall include in the record all evidence relevant to the findings or conclusion.

(c) A person who intends to appear at the appeal hearing as an appellee may file with the Clerk additional parts of the record at any time before the hearing.

(Ord. 23-2010. Passed 12-15-10.)

1197.99 PENALTY.

(a) Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty (60) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

(b) The imposition of any other penalties provided herein shall not preclude the Village of Granville instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the Village of Granville.

(Ord. 23-2010. Passed 12-15-10.)

1198.01 PURPOSE AND INTENT.

The purpose of this regulation is to provide for the health, safety, and general welfare of the citizens of the Village of Granville through the regulation of illicit discharges to the municipal separate storm sewer system (MS4). This regulation establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process as required by the Ohio Environmental Protection Agency (Ohio EPA). The objectives of this regulation are:

(a) To prohibit illicit discharges and illegal connections to the MS4.

(b) To establish legal authority to carry out inspections, monitoring procedures, and enforcement actions necessary to ensure compliance with this regulation.

(Ord. 24-2010. Passed 12-15-10.)

1198.02 APPLICABILITY.

This regulation shall apply to all residential, commercial, industrial, or institutional facilities responsible for discharges to the MS4 and on any lands in the Village of Granville, except for those discharges generated by the activities detailed in Section 1198.07(a)(1) to (a)(3) of this regulation. (Ord. 24-2010. Passed 12-15-10.)

1198.03 DEFINITIONS.

(a) The words and terms used in this regulation, unless otherwise expressly stated, shall have the following meaning:

(1) "Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to storm water. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

(2) "Community" means the Village of Granville, its designated representatives, boards, or commissions.

(3) "Environmental Protection Agency or United States Environmental Protection Agency (USEPA)" means the United States Environmental Protection Agency, including but not limited to the Ohio Environmental Protection Agency (Ohio EPA), or any duly authorized official of said agency.

(4) "Floatable Material" means, in general terms, any foreign matter that may float or remain suspended in the water column, and includes but is not limited to, plastic, aluminum cans, wood products, bottles, and paper products.

(5) "Hazardous Material" means any material including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

(6) "Illicit Discharge" as defined at 40 C.F.R. 122.26 (b)(2) means any discharge to an MS4 that is not composed entirely of storm water, except for those discharges to an MS4 pursuant to a NPDES permit or noted in Section 1198.07 of this regulation.

(7) "Illegal Connection" means any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the MS4.

(8) "Municipal Separate Storm Sewer System (MS4)" as defined at 40 C.F.R. 122.26 (b)(8), municipal separate storm sewer system means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):

A. Owned or operated by a State, city, town, borough, county, parish, district, municipality, township, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over sewage, industrial wastes, including special districts under State law such as a sewer district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the Clean Water Act that discharges to waters of the United States.

B. Designed or used for collecting or conveying storm water;

C. Which is not a combined sewer; and

D. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. 122.2.

(9) "National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit" means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area wide basis.

(10) "Off-Lot Discharging Household Sewage Treatment System" means a system designed to treat household sewage on-site and discharges treated wastewater effluent off the property into a storm water or surface water conveyance or system.

(11) "Owner/Operator" means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or on the owner's behalf.

(12) "Pollutant" means anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, solvents, oil and other automotive fluids, non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, hazardous materials, wastes, sewage, dissolved and particulate metals, animal wastes, residues that result from constructing a structure, and noxious or offensive matter of any kind.

(13) "Storm Water" any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

(14) "Wastewater" The spent water of a community. From the standpoint of a source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.

(Ord. 24-2010. Passed 12-15-10.)

1198.04 DISCLAIMER OF LIABILITY.

Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.

(Ord. 24-2010. Passed 12-15-10.)

1198.05 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.

(a) Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by the Village of Granville, shall prevail.

(b) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.

1198.06 RESPONSIBILITY FOR ADMINISTRATION.

The Village of Granville shall administer, implement, and enforce the provisions of this regulation. The Village of Granville may contract with the Licking County Board of Health to conduct inspections and monitoring and to assist with enforcement actions.

(Ord. 24-2010. Passed 12-15-10.)

1198.07 DISCHARGE AND CONNECTION PROHIBITIONS.

(a) Prohibition of Illicit Discharges. No person shall discharge, or cause to be discharged, an illicit discharge into the MS4. The commencement, conduct, or continuance of any illicit discharge to the MS4 is prohibited except as described below:

(1) Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash water; and discharges or flows from fire fighting activities. These discharges are exempt until such time as they are determined by the Village of Granville to be significant contributors of pollutants to the MS4.

(2) Discharges specified in writing by the Village of Granville as being necessary to protect public health and safety.

(3) Discharges from off-lot discharging household sewage treatment systems existing prior to January 1, 2007 and permitted by the Licking County Board of Health for the purpose of discharging treated sewage effluent in accordance with Ohio Administrative Code 3701-29, or other applicable Licking County Board of Health regulations, until such time as the Ohio Environmental Protection Agency issues an NPDES permitting mechanism for household sewage treatment systems existing prior to January 1, 2007. These discharges are exempt unless such discharges are deemed to be creating a public health nuisance by the Licking County Board of Health. Discharges from new or replacement off-lot household sewage treatment systems installed after January 1, 2007 are not exempt from the requirements of this regulation.

In compliance with the Village of Granville Storm Water Management Program, discharges from all off-lot discharging household sewage treatment systems must either be eliminated or have coverage under an appropriate NPDES permit issued and approved by the Ohio Environmental Protection Agency. When such permit coverage is available for systems existing prior to January 1, 2007, discharges from off-lot discharging household sewage treatment systems existing prior to January 1, 2007 will no longer be exempt from the requirements of this regulation.

(b) Prohibition of Illegal Connections. The construction, use, maintenance, or continued existence of illegal connections to the MS4 is prohibited.

(1) This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(2) A person is considered to be in violation of this regulation if the person connects a line conveying illicit discharges to the MS4, or allows such a connection to continue.

(Ord. 24-2010. Passed 12-15-10.)

1198.08 MONITORING OF ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS.

(a) Establishment of an Illicit Discharge and Illegal Connection Monitoring Program: The Village of Granville shall establish a program to detect and eliminate illicit discharges and illegal connections to the MS4. This program shall include the mapping of the MS4, including MS4 outfalls and household sewage treatment systems; the routine inspection of storm water outfalls to the MS4, and the systematic investigation of potential residential, commercial, industrial, and institutional facilities for the sources of any dry weather flows found as the result of these inspections.

(b) Inspection of Residential, Commercial, Industrial, or Institutional Facilities.

(1) The Village of Granville shall be permitted to enter and inspect Facilities subject to this regulation as often as may be necessary to determine compliance with this regulation.

(2) The Village of Granville shall have the right to set up at facilities subject to this regulation such devices as are necessary to conduct monitoring and/or sampling of the facility's storm water discharge, as determined by the Village of Granville.

(3) The Village of Granville shall have the right to require the facility owner/operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the facility owner/operator at the owner/operator's expense. All devices used to measure storm water flow and quality shall be calibrated by the Village of Granville to ensure their accuracy.

(4) Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected and/or sampled shall be promptly removed by the facility's owner/operator at the written or oral request of the Village of Granville and shall not be replaced. The costs of clearing such access shall be borne by the facility owner/operator.

(5) Unreasonable delays in allowing the Village of Granville access to a facility subject to this regulation for the purposes of illicit discharge inspection is a violation of this regulation.

(6) If the Village of Granville is refused access to any part of the facility from which storm water is discharged, and the Village of Granville demonstrates probable cause to believe that there may be a violation of this regulation, or that there is a need to inspect and/or sample as part of an inspection and sampling program designed to verify compliance with this regulation or any order issued hereunder, or to protect the public health, safety, and welfare, the Village of Granville may seek issuance of a search warrant, civil remedies including but not limited to injunctive relief, and/or criminal remedies from any court of appropriate jurisdiction.

(7) Any costs associated with these inspections shall be assessed to the facility owner/operator.

(Ord. 24-2010. Passed 12-15-10.)

1198.09 ENFORCEMENT.

(a) Notice of Violation. When the Village of Granville finds that a person has violated a prohibition or failed to meet a requirement of this regulation, the Village of Granville may order compliance by written Notice of Violation. Such notice must specify the violation and shall be hand delivered, and/or sent by certified mail, to the owner/operator of the facility. Such notice may require the following actions:

(1) The performance of monitoring, analyses, and reporting;

(2) The elimination of illicit discharges or illegal connections;

(3) That violating discharges, practices, or operations cease and desist;

(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; or

(5) The implementation of source control or treatment BMPs.

(b) If abatement of a violation and/or restoration of affected property is required, the Notice of Violation shall set forth a deadline within which such remediation or restoration must be completed. Said Notice shall further advise that, should the facility owner/operator fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated.

(c) Any person receiving a Notice of Violation must meet compliance standards within the time established in the Notice of Violation.

(d) Administrative Hearing: If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, the Village of Granville shall schedule an administrative hearing with the Board of Building and Zoning Appeal to determine reasons for non-compliance and to determine the next enforcement activity. Notice of the administrative hearing shall be hand delivered and/or sent by registered mail.

(e) Injunctive Relief: It shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this regulation pursuant to Ohio R.C. 3709.211. If a owner/operator has violated or continues to violate the provisions of this regulation, the Village of Granville may petition for a preliminary or permanent injunction restraining the owner/operator from activities that would create further violations or compelling the owner/operator to perform abatement or remediation of the violation.

(Ord. 24-2010. Passed 12-15-10.)

1198.10 REMEDIES NOT EXCLUSIVE.

The remedies listed in this regulation are not exclusive of any other remedies available under any applicable federal, state or local law and it is in the discretion of the Village of Granville to seek cumulative remedies.

(Ord. 24-2010. Passed 12-15-10.)

1199.01 PURPOSE AND INTENT.

(a) The purpose of this regulation is to establish technically feasible and economically reasonable standards to achieve a level of erosion and sediment control that will minimize damage to property and degradation of water resources and wetlands, and will promote and maintain the health and safety of the citizens of Village of Granville:

(b) This regulation will:

(1) Allow development while minimizing increases in erosion and sedimentation.

(2) Reduce water quality impacts to receiving water resources and wetlands that may be caused by new development or redevelopment activities.

(c) This regulation applies to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways, underground cables, or pipelines; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; general clearing; and all other uses that are not specifically exempted in Section 1199.01(d).

(d) This regulation does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules.

(Ord. 25-2010. Passed 12-15-10.)

1199.02 DEFINITIONS.

(a) For the purpose of these Erosion and Sediment Control Regulations, the following terms are defined:

(1) "Acre" means a measurement of area equaling 43,560 square feet.

(2) "Best management practices (BMPs)" means a schedule of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and wetlands. BMPs also include treatment requirements, operating procedures, and practices to control facility and/or construction site runoff, spillage, or leaks; sludge or waste disposal; or drainage from raw material storage.

(3) "Community" throughout this regulation, shall refer to Village of Granville, its designated representatives, boards, or commissions.

(4) "Construction entrance" means the permitted points of ingress and egress to development areas regulated under this regulation.

(5) "Development area" means a parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.

(6) "Disturbed area" means an area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.

(7) "Drainage" means:

A. The area of land contributing surface water to a specific point.

B. The removal of excess surface water or groundwater from land by surface or subsurface drains.

(8) "Erosion" means the process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.

(9) "Erosion and sediment control" means the control of soil, both mineral and organic, to minimize the removal of soil from the land surface and to prevent its transport from a disturbed area by means of wind, water, ice, ravity, or any combination of those forces.

(10) "Final stabilization" means all soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed.

(11) "Landscape Architect" means a Professional Landscape Architect registered in the State of Ohio.

(12) "Larger common plan of development or sale" means a contiguous area where multiple separate and distinct construction activities may take place at different times on different schedules under one plan.

(13) "Maximum extent practicable" means the level of pollutant reduction that site owners of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Storm Water Phase II, must meet.

(14) "NPDES" means the National Pollutant Discharge Elimination System. A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.

(15) "Parcel" means a tract of land occupied or intended to be occupied by a use, building or group of buildings and their accessory uses and buildings as a unit, together with such open spaces and driveways as are provided and required. A parcel may contain more than one contiguous lot individually identified by a 'Permanent Parcel Number' assigned by the Licking County Auditor's Office.

(16) "Person" means any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof.

(17) "Phasing" means clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.

(18) "Professional Engineer" means a Professional Engineer registered in the State of Ohio.

(19) "Qualified inspection personnel" means a person knowledgeable in the principles and practice of erosion and sediment controls, who possess the skills to assess all conditions at the construction site that could impact storm water quality and to assess the effectiveness of any sediment and erosion control measure selected to control the quality of storm water discharges from the construction activity.

(20) "Rainwater and land development" means Ohio's standards for storm water management, land development, and urban stream protection. The most current edition of these standards shall be used with this regulation.

(21) "Runoff" means the portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually conveyed to water resources or wetlands.

(22) "Sediment" means the soils or other surface materials that are transported or deposited by the action of wind, water, ice, gravity, or any combination of those forces, as a product of erosion.

(23) "Sedimentation" means the deposition or settling of sediment.

(24) "Setback" means a designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state so as to protect the water resources or wetlands from runoff pollution. Soil disturbing activities in this area are restricted by this regulation.

(25) "Soil disturbing activity" means clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and that may result in, or contribute to, erosion and sediment pollution.

(26) "Soil and Water Conservation District" means an entity organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employee(s). Hereafter referred to as Licking County SWCD.

(27) "Stabilization" means the use of BMPs, such as seeding and mulching, that reduce or prevent soil erosion by water, wind, ice, gravity, or a combination of those forces.

(28) "Storm Water Pollution Prevention Plan (SWP3) means the written document that sets forth the plans and practices to be used to meet the requirements of this regulation.

(29) "Surface waters of the State" means all streams, lakes, reservoirs, marshes, wetlands, or other waterways situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in Section 6111.01 of the Ohio Revised Code are not included.

(Ord. 25-2010. Passed 12-15-10.)

(30) "Unstable soils" means a portion of land that is identified by the Village Engineer as prone to slipping, sloughing, or landslides, or is identified by the U.S. Department of Agriculture Natural Resource Conservation Service methodology as having a low soil strength.

(Ord. 29-2024. Passed 1-15-25.)

(31) "Water resource" means any public or private body of water including lakes and ponds, as well as any brook, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.

(32) "Wetland" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas (40 CFR 232, as amended).

(Ord. 25-2010. Passed 12-15-10.)

1199.03 DISCLAIMER OF LIABILITY.

(Ord. 25-2010. Passed 12-15-10.)

1199.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.

(a) Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions shall prevail.

(b) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.

(c) This regulation shall not be construed as authorizing any person to maintain a private or public nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.

1199.05 DEVELOPMENT OF STORM WATER POLLUTION PREVENTION PLANS.

(a) This regulation requires that a Storm Water Pollution Prevention Plan be developed and implemented for all parcels of one (1) acre or more and on which any regulated activity of Section 1199.01(b) is proposed.

(b) Activities disturbing one acre or less are not required to submit a Storm Water Pollution Prevention Plan. These activities must comply with all other provisions of this regulation. (Ord. 25-2010. Passed 12-15-10.)

1199.06 APPLICATION PROCEDURES.

(a) Soil disturbing activities submitting a storm water pollution prevention plan: The applicant shall submit two (2) sets of the SWP3 and the applicable fees to the Village of Granville as follows:

(1) For subdivisions: After the approval of the preliminary plans and with submittal of the improvement plans.

(2) For other construction projects: Before issuance of a zoning permit by the Zoning Inspector.

(3) For general clearing projects: Prior to issuance of a zoning permit by the Zoning Inspector.

(b) The Village of Granville shall review the plans submitted under 1199.06(a) for conformance with this regulation and approve, or return for revisions with comments and recommendations for revisions. A plan rejected because of deficiencies shall receive a narrative report stating specific problems and the procedures for filing a revised plan.

(d) SWP3 for individual sublots in a subdivision will not be approved unless the larger common plan of development or sale containing the sublot is in compliance with this regulation.

(e) Approvals issued in accordance with this regulation shall remain valid for one (1) year from the date of approval.

(Ord. 25-2010. Passed 12-15-10.)

1199.07 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.

Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the US Army Corps of Engineers, and other federal, state, and/or county agencies. If requirements vary, the most restrictive requirement shall prevail. These permits may include, but are not limited to, those listed below. All submittals required to show proof of compliance with these state and federal regulations and shall be submitted with Storm Water Pollution Prevention Plans.

(a) Ohio EPA NPDES Permits authorizing storm water discharges associated with construction activity or the most current version thereof. Proof of compliance with these requirements shall be the applicant's Notice of Intent (NOI) number from Ohio EPA, a copy of the Ohio EPA Director's Authorization Letter for the NPDES Permit, or a letter from the site owner certifying and explaining why the NPDES Permit is not applicable.

(c) Ohio EPA Isolated Wetland Permit: Proof of compliance shall be a copy of Ohio EPA's Isolated Wetland Permit application tracking number, public notice, project approval, or aletter from the site owner certifying that a qualified professional has surveyed the site and determined that Ohio EPA's Isolated Wetlands Permit is not applicable. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation.

(1) A letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 404 of the Clean Water Act is not applicable.

(Ord. 25-2010. Passed 12-15-10.)

1199.08 STORM WATER POLLUTION PREVENTION PLAN.

(a) In order to control sediment pollution of water resources and wetlands, the applicant shall submit a SWP3 in accordance with the requirements of this regulation.

(b) The SWP3 shall be certified by a professional engineer, a registered surveyor, certified professional erosion and sediment control specialist, or a registered landscape architect.

(c) The SWP3 shall incorporate measures as recommended by the most current edition of Rainwater and Land Development as published by the Ohio Department of Natural Resources and shall include the following information:

(1) Site description: The SWP3 shall provide:

A. A description of the nature and type of the construction activity (e.g. residential, shopping mall, highway, etc.).

B. Total area of the site and the area of the site that is expected to be disturbed (i.e., grubbing, clearing, excavation, filling or grading, including off-site borrow areas).

C. An estimate of the impervious area and percent of imperviousness created by the soil-disturbing activity.

D. Existing data describing the soil and, if available, the quality of any known pollutant discharge from the site such as that which may result from previous contamination caused by prior land uses.

E. A description of prior land uses at the site.

F. An implementation schedule which describes the sequence of major soil-disturbing operations (i.e., grubbing, excavating, grading, utilities and infrastructure installation) and the implementation of erosion and sediment controls to be employed during each operation of the sequence.

G. The location and name of the immediate receiving stream or surface water(s) and the first subsequent receiving water(s).

H. The aerial (plan view) extent and description of wetlands or other special aquatic sites at or near the site which will be disturbed or which will receive discharges from disturbed areas of the project.

I. For subdivided developments where the SWP3 does not call for a centralized sediment control capable of controlling multiple individual lots, a detail drawing of a typical individual lot showing standard individual lot erosion and sediment control practices.

J. Location and description of any storm water discharges associated with dedicated asphalt and dedicated concrete plants associated with the development area and the best management practices to address pollutants in these storm water discharges.

K. Site map showing:

1. Limits of soil-disturbing activity of the site, including off site spoil and borrow areas.

2. Soils types should be depicted for all areas of the site, including locations of unstable or highly erodible soils.

3. Existing and proposed one-foot (1') contours. This must include a delineation of drainage watersheds expected during and after major grading activities as well as the size of each drainage watershed in acres.

4. Surface water locations including springs, wetlands, streams, lakes, water wells, etc., on or within 200 feet of the site, including the boundaries of wetlands or stream channels and first subsequent named receiving water(s) the applicant intends to fill or relocate for which the applicant is seeking approval from the Army Corps of Engineers and/or Ohio EPA.

5. Existing and planned locations of buildings, roads, parking facilities, and utilities.

6. The location of all erosion and sediment control practices, including the location of areas likely to require temporary stabilization during the course of site development.

7. Sediment ponds, including their sediment settling volume and contributing drainage area.

8. Areas designated for the storage or disposal of solid, sanitary and toxic wastes, including Dumpster areas, areas designated for cement truck washout, and vehicle fueling.

9. The location of designated stoned construction entrances where the vehicles will ingress and egress the construction site.

10. The location of any in-stream activities including stream crossings.

(2) A soils engineering report. The Village of Granville Engineer may require the SWP3 to include a Soils Engineering Report based upon his/her determination that the conditions of the soils are unknown or unclear to the extent that additional information is required to protect against erosion or other hazards. This report shall be based on adequate and necessary test borings, and shall contain all the information listed below.

Recommendations included in the report and approved by the Village of Granville Engineer shall be incorporated in the grading plans and/or other specifications for site development.

A. Data regarding the nature, distribution, strength, and erodibility of existing soils.

B. If applicable, data regarding the nature, distribution, strength, and erodibility of the soil to be placed on the site.

C. Conclusions and recommendations for grading procedures.

D. Conclusions and recommended designs for interim soil stabilization devices and measures, and for permanent soil stabilization after construction are completed.

E. Design criteria for corrective measures when necessary.

F. Opinions and recommendations covering the stability of the site.

(Ord. 25-2010. Passed 12-15-10.)

1199.09 PERFORMANCE STANDARDS.

The SWP3 must contain a description of the controls appropriate for each construction operation and the applicant must implement such controls. The SWP3 must clearly describe for each major construction activity the appropriate control measures; the general sequence during the construction process under which the measures will be implemented; and the contractor responsible for implementation (e.g., contractor A will clear land and install perimeter controls and contractor B will maintain perimeter controls until final stabilization). The SWP3 shall identify all subcontractors engaged in activities that could impact storm water runoff. The SWP3 shall contain signatures from all of the identified subcontractors indicating that they have been informed and understand their roles and responsibilities in complying with the SWP3.

The controls shall include the following minimum components:

(a) Non-Structural Preservation Measures. The SWP3 must make use of practices that preserve the existing natural condition to the maximum extent practicable. Such practices may include preserving riparian areas, preserving existing vegetation and vegetative buffer strips, phasing of construction operations in order to minimize the amount of disturbed land at any one time, and designation of tree preservation areas or other protective clearing or grubbing practices.

(b) Erosion Control Practices. The SWP3 must make use of erosion controls that are capable of providing cover over disturbed soils. A description of control practices designed to restabilize disturbed areas after grading or construction shall be included in the SWP3. The SWP3 must provide specifications for stabilization of all disturbed areas of the site and provide guidance as to which method of stabilization will be employed for any time of the year. Such practices may include: temporary seeding, permanent seeding, mulching, matting, sod stabilization, vegetative buffer strips, phasing of construction operations, the use of construction entrances, and the use of alternative ground cover.

Erosion control practices must meet the following requirements:

(1) Stabilization. Disturbed areas must be stabilized as specified in Tables 1 and 2 below.

Table 1: Permanent Stabilization

Area requiring permanent stabilization	Time frame to apply erosion controls
Any area that will lie dormant for one year or more.	Within 7 days of the most recent disturbance.
Any area within 50 feet of a stream and at final grade.	Within 2 days of reaching final grade.
Any area at final grade.	Within 7 days of reaching final grade within that area.

Table 2: Temporary Stabilization

Area requiring temporary stabilization	Time frame to apply erosion controls
Any disturbed area within 50 feet of a stream and not at final grade.	Within 2 days of the most recent disturbance if that area will remain idle for more than 21 days.
For all construction activities, any disturbed area, including soil stockpiles that will be dormant for more than 21 days but less than one year, and not within 50 feet of a stream.	Within 7 days of the most recent disturbance within the area.
Disturbed areas that will be idle over winter	Prior to November 1.
Note: Where vegetative stabilization techniques may cause structural instability or are otherwise unobtainable, alternative stabilization techniques must be employed. These techniques may include mulching or erosion matting.

(2) Permanent stabilization of conveyance channels. Applicants shall undertake special measures to stabilize channels and outfalls and prevent erosive flows. Measures may include seeding, dormant seeding, mulching, erosion control matting, sodding, riprap, natural channel design with bioengineering techniques, or rock check dams, all as defined in the most recent edition of Rainwater and Land Development or the Field Office Technical Guide available at www.nrcs.usda.gov/technical/efotg/.

(c) Runoff Control Practices. The SWP3 shall incorporate measures that control the flow of runoff from disturbed areas so as to prevent erosion. Such practices may include rock check dams, pipe slope drains, diversions to direct flow away from exposed soils and protective grading practices. These practices shall divert runoff away from disturbed areas and steep slopes where practicable.

(d) Sediment Control Practices. The SWP3 shall include a description of, and detailed drawings for, all structural practices that shall store runoff, allowing sediments to settle and/or divert flows away from exposed soils or otherwise limit runoff from exposed areas. Structural practices shall be used to control erosion and trap sediment from a site remaining disturbed for more than 14 days. Such practices may include, among others: sediment settling ponds, silt fences, storm drain inlet protection, and earth diversion dikes or channels which direct runoff to a sediment settling pond. All sediment control practices must be capable of ponding runoff in order to be considered functional. Earth diversion dikes or channels alone are not considered a sediment control practice unless used in conjunction with a sediment settling pond.

Sediment control practices must meet the following requirements:

(1) Timing. Sediment control structures shall be functional throughout the course of earth disturbing activity. Sediment basins and perimeter sediment barriers shall be implemented prior to grading and within seven (7) days from the start of grubbing. They shall continue to function until the up slope development area is restabilized. As construction progresses and the topography is altered, appropriate controls must be constructed or existing controls altered to address the changing drainage patterns.

(2) Sediment settling ponds. A sediment settling pond, or equivalent best management practice upon approval from the Village of Granville Engineer, is required for any one of the following conditions, as determined in Table 3 below:

A. Concentrated storm water runoff.

B. Runoff from drainage areas that exceeds the design capacity of silt fence or inlet protection.

C. 10-acres of disturbed drainage.

The sediment-settling pond shall provide both a sediment storage zone and a dewatering zone. The volume of the dewatering zone shall be at least 67 cubic yards of storage per acre of total contributing drainage area and have a minimum of 48-hour drain time for sediment basins serving a drainage area over 5 acres.

The volume of the sediment storage zone shall be calculated by one of the following methods:

A. The volume of the sediment storage zone shall be 1000 feet, three (3) per disturbed acre within the watershed of the basin.

B. The volume of the sediment storage zone shall be the volume necessary to store the sediment as calculated with a generally accepted erosion prediction model. When determining the total contributing drainage area, off-site areas and areas which remain undisturbed by construction activity must be included unless runoff from these areas is diverted away from the sediment settling pond and is not co-mingled with sediment-laden runoff. The depth of the dewatering zone must be less than or equal to five (5) feet. The configuration between the inlets and the outlet of the basin must provide at least two units of length for each one unit of width (>2:1 length: width ratio), however a length to width ration of 4:1 is recommended. Sediment must be removed from the sediment-settling pond when the design capacity has been reduced by 40 percent. This limit is typically reached when sediment occupies one-half of the basin depth. When designing sediment settling ponds, the applicant must consider public safety, especially as it relates to children, as a design factor for the sediment basin and alternative sediment controls must be used where site limitations would preclude a safe design. The use of a combination of sediment and erosion control measures in order to achieve maximum pollutant removal is encouraged.

(3) Silt fence and diversions. Sheet flow runoff from denuded areas shall be intercepted by silt fence or diversions to protect adjacent properties, water resources, and wetlands from sediment transported via sheet flow. Where intended to provide sediment control, silt fence shall be placed on a level contour and shall be capable of temporarily ponding runoff. The relationship between the maximum drainage area to silt fence for a particular slope range is shown in Table 3 below. Storm water diversion practices shall be used to keep runoff away from disturbed areas and steep slopes. Such devices, which include swales, dikes or berms, may receive storm water runoff from areas up to 10 acres. Placing silt fence in parallel does not extend the permissible drainage area to the silt fence.

Table 3: Maximum Drainage Area to Silt Fence

Maximum Drainage Area (acres) to 100 linear feet of silt fence	Range of Slope for a drainage area (%)
0.5	<2%
0.25	>2% but < 20%
0.125	>20% but < 50%

(4) Inlet protection. Erosion and sediment control practices, such as boxed inlet protection, shall be installed to minimize sediment-laden water entering active storm drain systems. All inlets receiving runoff from drainage areas of one or more acres will require a sediment settling pond. Straw or hay bales are not acceptable forms of inlet protection.

(5) Off-site tracking of sediment and dust control. Best management practices must be implemented to ensure sediment is not tracked off-site and that dust is controlled. These best management practices must include, but are not limited to, the following:

A. Construction entrances shall be built and shall serve as the only permitted points of ingress and egress to the development area. These entrances shall be built of a stabilized pad of aggregate stone or recycled concrete or cement sized greater than 2" in diameter, placed over a geotextile fabric, and constructed in conformance with specifications in the most recent edition of the Rainwater and Land Development Manual.

B. Streets directly adjacent to construction entrances and receiving traffic from the development area, shall be cleaned daily to remove sediment tracked off-site. If applicable, the catch basins on these streets nearest to the construction entrances shall also be cleaned weekly.

Based on site conditions, the Village of Granville Engineer may require additional best management practices to control off site tracking and dust.

These additional BMPs may include:

1. Silt fence or construction fence installed around the perimeter of the development area to ensure that all vehicle traffic adheres to designated construction entrances.

2. Designated wheel-washing areas. Wash water from these areas must be directed to a designated sediment trap, the sediment-settling pond, or to a sump pump for dewatering in conformance with Section 1199.09(g) of this regulation.

3. Applicants shall take all necessary measures to comply with applicable regulations regarding fugitive dust emissions, including obtaining necessary permits for such emissions. The Village of Granville Engineer may require dust controls including the use of water trucks to wet disturbed areas, tarping stockpiles, temporary stabilization of disturbed areas, and regulation of the speed of vehicles on the site.

(6) Surface Waters of the State protection. Construction vehicles shall avoid water resources and wetlands. If the applicant is permitted to disturb areas within 50 feet of a water resource or wetland, the following conditions shall be addressed in the SWP3:

A. All BMPs and stream crossings shall be designed as specified in the most recent edition of the Rainwater and Land Development Manual.

B. Structural practices shall be designated and implemented on site to protect water resources or wetlands from the impacts of sediment runoff.

C. No structural sediment controls (e.g., the installation of silt fence or a sediment settling pond in-stream) shall be used in a water resource or wetland.

D. Where stream crossings for roads or utilities are necessary and permitted, the project shall be designed such that the number of stream crossings and the width of the disturbance are minimized.

E. Temporary stream crossings shall be constructed if water resources or wetlands will be crossed by construction vehicles during construction.

F. Construction of bridges, culverts, or sediment control structures shall not place soil, debris, or other particulate material into or close to the water resources or wetlands in such a manner that it may slough, slip, or erode.

(7) Modifying controls. If periodic inspections or other information indicates a control has been used inappropriately or incorrectly, the applicant shall replace or modify the control for site conditions.

(e) Non-Sediment Pollutant Controls: No solid or liquid waste, including building materials, shall be discharged in storm water runoff. The applicant must implement site best management practices to prevent toxic materials, hazardous materials, or other debris from entering water resources or wetlands. These practices shall include but are not limited to the following:

(1) Waste Materials: A covered Dumpster shall be made available for the proper disposal of garbage, plaster, drywall, grout, gypsum, and other waste materials.

(2) Concrete Truck Wash Out: The washing of concrete material into a street, catch basin, or other public facility or natural resource is prohibited. A designated area for concrete washout shall be made available.

(3) Fuel/Liquid Tank Storage: All fuel/liquid tanks and drums shall be stored in marked storage area. A dike shall be constructed around this storage area with a minimum capacity equal to 110% of the volume of all containers in the storage area.

(4) Toxic or Hazardous Waste Disposal: Any toxic or hazardous waste shall be disposed of properly.

(5) Contaminated Soils Disposal and Runoff: Contaminated soils from redevelopment sites shall be disposed of properly. Runoff from contaminated soils shall not be discharged from the site. Proper permits shall be obtained for development projects on solid waste landfill sites or redevelopment sites.

(f) Compliance with Other Requirements. The SWP3 shall be consistent with applicable State and/or local waste disposal, sanitary sewer, or septic system regulations, including provisions prohibiting waste disposal by open burning, and shall provide for the proper disposal of contaminated soils located within the development area.

(g) Trench and Ground Water Control. There shall be no sediment-laden or turbid discharges to water resources or wetlands resulting from dewatering activities. If trench or ground water contains sediment, it must pass through a sediment-settling pond or other equally effective sediment control device, prior to being discharged from the construction site. Alternately, sediment may be removed by settling in place or by dewatering into a sump pit, filter bag or comparable practice. Ground water dewatering which does not contain sediment or other pollutants is not required to be treated prior to discharge. However, care must be taken when discharging ground water to ensure that it does not become pollutant-laden by traversing over disturbed soils or other pollutant sources.

(h) Internal Inspections. All controls on the site shall be inspected at least once every seven calendar days and within 24 hours after any storm event greater than one-half inch of rain per 24 hour period. The inspection frequency may be reduced to at least once every month if the entire site is temporarily stabilized or runoff is unlikely due to weather conditions (e.g., site is covered with snow, ice, or the ground is frozen). A waiver of inspection requirements is available until one month before thawing conditions are expected to result in a discharge if prior written approval has been attained from the Village of Granville Engineer and all of the following conditions are met:

(1) The project is located in an area where frozen conditions are anticipated to continue for extended periods of time (i.e. more than one (1) month).

(2) Land disturbance activities have been suspended, and temporary stabilization is achieved.

(3) The beginning date and ending dates of the waiver period are documented in the SWP3.

The applicant shall assign qualified inspection personnel to conduct these inspections to ensure that the control practices are functional and to evaluate whether the SWP3 is adequate, or whether additional control measures are required. Qualified inspection personnel are individuals with knowledge and experience in the installation and maintenance of sediment and erosion controls.

These inspections shall meet the following requirements:

A. Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of or the potential for, pollutants entering the drainage system.

B. Erosion and sediment control measures identified in the SWP3 shall be observed to ensure that they are operating correctly. The applicant shall utilize an inspection form provided by the Village of Granville or an alternate form acceptable to the Village of Granville Engineer. The inspection form shall include:

1. The inspection date.

2. Names, titles and qualifications of personnel making the inspection.

3. Weather information for the period since the last inspection, including a best estimate of the beginning of each storm event, duration of each storm event and approximate amount of rainfall for each storm event in inches, and whether any discharges occurred.

4. Weather information and a description of any discharges occurring at the time of inspection.

5. Locations of:

a. Discharges of sediment or other pollutants from site.

b. BMPs that need to be maintained.

c. BMPs that failed to operate as designed or proved inadequate for a particular location.

d. Where additional BMPs are needed that did not exist at the time of inspection.

6. Corrective action required including any necessary changes to the SWP3 and implementation dates.

C. Discharge locations shall be inspected to determine whether erosion and sediment control measures are effective in preventing significant impacts to the receiving water resource or wetlands.

D. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking.

E. The applicant shall maintain for three (3) years, following final stabilization, the results of these inspections, the names and qualifications of personnel making the inspections, the dates of inspections, major observations relating to the implementation of the SWP3, a certification as to whether the facility is in compliance with the SWP3, and information on any incidents of non-compliance determined by these inspections.

(i) Maintenance. The SWP3 shall be designed to minimize maintenance requirements. All control practices shall be maintained and repaired as needed to ensure continued performance of their intended function until final stabilization. All sediment control practices must be maintained in a functional condition until all up slope areas they control reach final stabilization. The applicant shall provide a description of maintenance procedures needed to ensure the continued performance of control practices and shall ensure a responsible party and adequate funding to conduct this maintenance, all as determined by the Village of Granville Engineer.

When inspections reveal the need for repair, replacement, or installation of erosion and sediment control BMPs, the following procedures shall be followed:

(1) When practices require repair or maintenance. If an internal inspection reveals that a control practice is in need of repair or maintenance, with the exception of a sediment-settling pond, it must be repaired or maintained within three (3) days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) days of the inspection.

(2) When practices fail to provide their intended function. If an internal inspection reveals that a control practice fails to perform its intended function as detailed in the SWP3 and that another, more appropriate control practice is required, the SWP3 must be amended and the new control practice must be installed within ten (10) days of the inspection.

(3) When practices depicted on the SWP3 are not installed. If an internal inspection reveals that a control practice has not been implemented in accordance with the schedule, the control practice must be implemented within ten (10) days from the date of the inspection. If the internal inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.

(4) Final Stablization. Final stabilization shall be determined by the Village of Granville Engineer. Once a definable area has achieved final stabilization, the applicant may note this on the SWP3 and no further inspection requirement applies to that portion of the site.

(Ord. 25-2010. Passed 12-15-10.)

1199.10 FEES.

The Storm Water Pollution Prevention Plan review, filing, and inspection is part of a complete project submittal and is required to be submitted to the Village of Granville before the engineering review process begins.

Development Plan Review Fees shall follow the current Zoning Fee Schedule per Section 1305.01 and Engineering Review Fee Schedule per Section 1305.04.

(Ord. 29-2024. Passed 1-15-25.)

1199.11 BOND.

(a) If a Storm Water Pollution Prevention Plan is required by this regulation, soil disturbing activities shall not be permitted until a surety bond has been deposited with the Village of Granville Finance Department per Section 1197.15 of the Codified Ordinances. The bond will be used for the Village of Granville to perform the obligations otherwise to be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation. The surety bond shall be returned, less Village of Granville administrative fees as detailed in Section 1305.01, Zoning Fees of the Village of Granville Codified Ordinances, after all work required by this regulation has been completed and final stabilization has been reached, all as determined by the Village of Granville Engineer.

(b) No project subject to this regulation shall commence without approval by the Village of Granville Engineer.

(Ord. 25-2010. Passed 12-15-10.)

1199.12 ENFORCEMENT.

(a) All development areas may be subject to external inspections by the Village of Granville to ensure compliance with the approved SWP3.

(b) After each external inspection, the Village of Granville shall prepare and distribute a status report to the applicant.

(c) If an external inspection determines that operations are being conducted in violation of the approved SWP3 the Village of Granville may take action as detailed in Section 1199.13 of this regulation. (Ord. 25-2010. Passed 12-15-10.)

1199.13 VIOLATIONS.

(a) No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation.

(b) Upon notice, the Village Manager and/or his/her designee may suspend any active soil disturbing activity for a period not to exceed ninety (90) days, and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this regulation. Such notice shall be in writing, shall be given to the applicant, and shall state the conditions under which work may be resumed. In instances, however, where the Mayor and/or designee finds that immediate action is necessary for public safety or the public interest, he or she may require that work be stopped upon verbal order pending issuance of the written notice.

(Ord. 25-2010. Passed 12-15-10.)

1199.14 APPEALS FROM DECISIONS.

(a) Any person aggrieved by any order, requirement, determination, or any other action or inaction may appeal the decision to the Board of Zoning and Building Appeals by filing a written notice of appeal with the Village Clerk not later than ten (10) days after the decision is delivered by personal service or postmarked by the U.S. mail, postage prepaid, return-receipt requested, to the person seeking to appeal.

(c) A person who intends to appear at the appeal hearing as an appellee may file with the Clerk additional parts of the record at any time before the hearing.

(Ord. 25-2010. Passed 12-15-10.)

1199.99 PENALTY.

(Ord. 25-2010. Passed 12-15-10.)

CODIFIED ORDINANCES OF GRANVILLE